Purified Carboxymethylcellulose from Mexico: Notice of Preliminary Results of Antidumping Duty Administrative Review, 45937-45941 [E8-18217]
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45937
Notices
Federal Register
Vol. 73, No. 153
Thursday, August 7, 2008
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS–2008–0023]
National Advisory Committee on
Microbiological Criteria for Foods;
Re-establishment
Food Safety and Inspection
Service, USDA.
ACTION: Notice of re-chartering of
Committee.
AGENCY:
SUMMARY: In accordance with the
Federal Advisory Committee Act, this
notice is announcing the re-chartering of
the National Advisory Committee on
Microbiological Criteria for Foods
(NACMCF) by the Secretary of
Agriculture on June 5, 2008. The
Committee is being renewed in
cooperation with the Department of
Health and Human Services (HHS). The
establishment of the Committee was
recommended by a 1985 report of the
National Academy of Sciences
Committee on Food Protection,
Subcommittee on Microbiological
Criteria, ‘‘An Evaluation of the Role of
Microbiological Criteria for Foods.’’ The
current charter for the NACMCF is
available for viewing on the NACMCF
homepage at https://www.fsis.usda.gov/
About_FSIS/NACMCF/index.asp.
FOR FURTHER INFORMATION CONTACT:
Karen Thomas-Sharp, Advisory
Committee Specialist, U.S. Department
of Agriculture (USDA), Food Safety and
Inspection Service (FSIS), Room 333
Aerospace Center, 1400 Independence
Avenue, SW., Washington, DC 20250–
3700. Telephone number: (202) 690–
6620.
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SUPPLEMENTARY INFORMATION:
Background
USDA is charged with administration
and the enforcement of the Federal Meat
Inspection Act (FMIA), the Poultry
Products Inspection Act (PPIA), and the
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Egg Products Inspection Act (EPIA). The
Secretary of HHS is charged with the
administration and enforcement of the
Federal Food, Drug, and Cosmetic Act
(FFDCA). These Acts help protect
consumers by assuring that food
products are wholesome, not
adulterated, and properly marked,
labeled and packaged.
In order to assist the Secretaries in
carrying out their responsibilities under
the FMIA, PPIA, EPIA, and FFDCA, the
NACMCF is being re-chartered. The
Committee will be charged with
advising and providing
recommendations to the Secretaries on
the development of microbiological
criteria by which the safety and
wholesomeness of food can be assessed,
including criteria for microorganisms
that indicate whether foods have been
adequately and appropriately processed.
Re-chartering of this Committee is
necessary and in the public interest
because of the need for external expert
advice on the range of scientific and
technical issues that must be addressed
by the Federal sponsors in meeting their
statutory responsibilities. The
complexity of the issues to be addressed
requires that the Committee meet at
least twice per year.
Members will be appointed by the
Secretary of USDA after consultation
with the Secretary of HHS. Because of
their interest in the matters to be
addressed by this Committee, advice on
membership appointments will be
requested from the Department of
Commerce’s National Marine Fisheries
Service, the Department of Defense’s
Veterinary Service Activity, and the
Department of Health and Human
Services’ Centers for Disease Control
and Prevention. Background materials
are available on the Web at the
NACMCF home page noted above or by
contacting Karen Thomas-Sharp at the
information listed above.
Additional Public Notification
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rulemaking and policy development is
important. Consequently, in an effort to
ensure that minorities, women, and
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this notice, FSIS will announce it online
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2008_Notices_Index/. FSIS will also
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Done at Washington, DC, on August 1,
2008.
Alfred V. Almanza,
Administrator.
[FR Doc. E8–18137 Filed 8–6–08; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–201–834)
Purified Carboxymethylcellulose from
Mexico: Notice of Preliminary Results
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Quimica Amtex S.A. de C.V. (Amtex),
the Department of Commerce (the
Department) is conducting an
administrative review of the
antidumping duty order on purified
carboxymethylcellulose (CMC) from
Mexico. The review covers exports of
the subject merchandise to the United
States produced and exported by Amtex
and the period of review (POR) is July
1, 2006, through June 30, 2007.
AGENCY:
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices
We preliminarily find that Amtex
made sales at less than normal value
(NV) during the POR. If these
preliminary results are adopted in our
final results of this review, we will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties based on differences between the
export price (EP) or constructed export
price (CEP) and NV.
Interested parties are invited to
comment on these preliminary results.
Parties who submit arguments in this
proceeding are requested to submit with
the arguments: (1) a statement of the
issues, (2) a brief summary of the
arguments (no longer than five pages,
including footnotes) and (3) a table of
authorities.
EFFECTIVE DATE:
August 7, 2008
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–6312 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
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Background
The Department published the
antidumping duty order on CMC from
Mexico on July 11, 2005. See Notice of
Antidumping Duty Orders: Purified
Carboxymethylcellulose from Finland,
Mexico, the Netherlands, and Sweden,
70 FR 39734 (July 11, 2005). On July 3,
2007, the Department published the
notice of opportunity to request an
administrative review of CMC from
Mexico for the period of July 1, 2006,
through June 30, 2007. See
Antidumping or Countervailing Duty
Order, Finding or Suspended
Investigation; Opportunity to Request
Administrative Review, 72 FR 36420
(July 3, 2007). On July 13, 2007,
respondent Amtex requested an
administrative review. On August 24,
2007, the Department published in the
Federal Register a notice of initiation of
this antidumping duty administrative
review. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 48613 (August 24, 2007).
On August 24, 2007, the Department
issued its standard antidumping duty
questionnaire to Amtex. Amtex
submitted its response to section A of
the Department’s questionnaire on
September 21, 2007 (Amtex Section A
Response). Amtex submitted its
response to sections B and C of the
Department’s questionnaire on October
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12, 2007 (Amtex Sections B and C
Response).
On March 6, 2008, the Department
issued a supplemental questionnaire for
sections A, B, and C, to which Amtex
responded on April 4, 2008 (Amtex
Supplemental Response). Because it was
not practicable to complete this review
within the normal time frame, on March
17, 2008, the Department published in
the Federal Register a notice of the
extension for the preliminary results of
this review. See Purified
Carboxymethylcellulose from Mexico:
Extension of Time Limits for
Preliminary Results of Antidumping
Duty Administrative Review, 73 FR
14222 (March 17, 2008). This extension
established the deadline for these
preliminary results as July 30, 2008. On
July 10, 2008, the Department issued a
second supplemental questionnaire to
Amtex. The company filed its response
on July 15, 2008.
Period of Review
The period of review (POR) is July 1,
2006, through June 30, 2007.
Scope of the Order
The merchandise covered by this
order is all purified
carboxymethylcellulose (CMC),
sometimes also referred to as purified
sodium CMC, polyanionic cellulose, or
cellulose gum, which is a white to off–
white, non–toxic, odorless,
biodegradable powder, comprising
sodium CMC that has been refined and
purified to a minimum assay of 90
percent. Purified CMC does not include
unpurified or crude CMC, CMC
Fluidized Polymer Suspensions, and
CMC that is cross–linked through heat
treatment. Purified CMC is CMC that
has undergone one or more purification
operations which, at a minimum, reduce
the remaining salt and other by–product
portion of the product to less than ten
percent. The merchandise subject to this
order is classified in the Harmonized
Tariff Schedule of the United States at
subheading 3912.31.00. This tariff
classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the order is dispositive.
Date of Sale
The Department’s regulations state
that it will normally use the date of
invoice, as recorded in the exporter’s or
producer’s records kept in the ordinary
course of business, as the date of sale.
See 19 CFR 351.401(f)(i). If the
Department is satisfied that ‘‘a different
date better reflects the date on which
the exporter or producer establishes the
material terms of sale,’’ the Department
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may choose a different date. Id. Amtex
has reported the definitive invoice (as
differentiated from pro forma invoice)
as the invoice date. See Amtex
Supplemental Response at 5. As further
discussed below, the Department
preliminarily determines that the
definitive invoice date is the date of sale
provided it is issued on or before the
shipment date; and that the shipment
date is the date of sale where the invoice
is issued after the shipment date.
With regard to the invoice date,
Amtex bills some of its sales via
‘‘delayed invoices’’ in both the home
and U.S. markets. See Amtex
Supplemental Response at 5. Delivery is
made to the customer and a pro forma
invoice is issued, but the subject
merchandise remains in storage and
continues to be the property of Amtex
until withdrawn for consumption by the
customer (usually at the end of a
regular, monthly billing cycle), at which
time a definitive invoice is issued. Id. In
Amtex’s normal books and records, it is
this definitive invoice date, not the pro
forma invoice date, that is recorded as
the date of sale. Id. See Analysis
Memorandum for the Preliminary
Results of the Administrative Review of
the Antidumping Duty Order on
Carboxymethylcellulose from Mexico
dated July 30, 2008 (Analysis
Memorandum), for further discussion of
date of sale. A public version of this
memorandum is on file in the
Department’s Central Records Unit
(CRU) located in Room 1117 of the main
Department of Commerce Building, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230.
Fair Value Comparisons
To determine whether sales of CMC in
the United States were made at less than
NV, we compared U.S. price to NV, as
described in the ‘‘Export Price,’’
‘‘Constructed Export Price,’’ and
‘‘Normal Value’’ sections of this notice.
In accordance with section 777A(d)(2)
of the Tariff Act of 1930, as amended
(the Tariff Act), we calculated monthly
weighted–average NVs and compared
these to individual U.S. transactions.
Because we determined Amtex made
both EP and CEP sales during the POR,
we used both EP and CEP as the basis
for U.S. price in our comparisons.
Product Comparisons
In accordance with section 771(16) of
the Tariff Act, we considered all
products produced by Amtex covered
by the description in the ‘‘Scope of the
Order’’ section, above, and sold in the
home market during the POR, to be
foreign like products for purposes of
determining appropriate product
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comparisons to U.S. sales. We relied on
five characteristics to match U.S. sales
of subject merchandise to comparison
sales of the foreign like product (listed
in order of priority): 1) grade; 2)
viscosity; 3) degree of substitution; 4)
particle size; and 5) solution gel
characteristics. Where there were no
sales of identical merchandise in the
home market to compare to U.S. sales,
we compared U.S. sales to the next most
similar foreign like product on the basis
of these product characteristics and the
reporting instructions listed in the
Department’s August 24, 2007,
questionnaire. Because there were
contemporaneous sales of identical or
similar merchandise in the home market
suitable for comparison to all U.S. sales,
we did not compare any U.S. sales to
constructed value (CV). See the CV
section below.
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Export Price (EP)
Section 772(a) of the Tariff Act
defines EP as ‘‘the price at which the
subject merchandise is first sold (or
agreed to be sold) before the date of
importation by the producer or exporter
of 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,’’ as adjusted under
section 772(c) of the Tariff Act. In
accordance with section 772(a) of the
Tariff Act, we used EP for a number of
Amtex’s U.S. sales because these sales
were made before the date of
importation and were sales directly to
unaffiliated customers in the United
States, and because CEP methodology
was not otherwise indicated.
We based EP on the packed, delivered
duty paid, cost and freight (C&F) or free
on board (FOB) prices to unaffiliated
customers in the United States. Amtex
reported no price or billing adjustments,
and no discounts. We made deductions
for movement expenses in accordance
with section 772(c)(2)(A) of the Tariff
Act, which included, where
appropriate, foreign inland freight from
the mill to the U.S. border, inland
freight from the border to the customer
or warehouse, and U.S. brokerage and
handling. We made adjustment for
direct expenses (credit expenses) in
accordance with section 772(c)(2)(A) of
the Tariff Act.
Constructed Export Price (CEP)
In accordance with section 772(b) of
the Tariff Act, CEP is ‘‘the price at
which the subject merchandise is first
sold (or agreed to be sold) in the United
States before or after the date of
importation by or for the account of the
producer or exporter of such
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merchandise, or by a seller affiliated
with the producer or exporter, to a
purchaser not affiliated with the
producer or exporter,’’ as adjusted
under sections 772(c) and (d) of the
Tariff Act. In accordance with section
772(b) of the Tariff Act, we used CEP for
a number of Amtex’s U.S. sales because
Amtex sold merchandise to its affiliate
in the United States, Amtex Chemicals
LLC (Amtex Chemicals or ACUS),
which, in turn, sold subject
merchandise to unaffiliated U.S.
customers. See, e.g., Amtex Section A
Response at 13–15. We preliminarily
find these U.S. sales are properly
classified as CEP sales because they
occurred in the United States and were
made through Amtex’s U.S. affiliate,
Amtex Chemicals, to unaffiliated U.S.
customers.
We based CEP on the packed,
delivered duty paid or FOB warehouse
prices to unaffiliated purchasers in the
United States. Amtex reported no price
or billing adjustments, and no discounts
or rebates. We made deductions for
movement expenses in accordance with
section 772(c)(2)(A) of the Tariff Act,
which included, where appropriate,
foreign inland freight to the border,
foreign brokerage and handling, customs
duties, U.S. brokerage, U.S. inland
freight, and U.S. warehousing expenses.
In accordance with section 772(d)(1) of
the Tariff Act, we deducted those selling
expenses associated with economic
activities occurring in the United States,
including direct selling expenses (credit
costs), inventory carrying costs, and
indirect selling expenses. However, no
adjustment for CEP profit was made for
the reasons set forth in the Analysis
Memorandum. See Analysis
Memorandum at 11.
Normal Value
A. Selection of Comparison Market
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 was equal to or
greater than five percent of the aggregate
volume of U.S. sales), we compared the
respondent’s volume of home market
sales of the foreign like product to the
volume of U.S. sales of the subject
merchandise, in accordance with
section 773(a)(1) of the Tariff Act.
Because Amtex’s aggregate volume of
home market sales of the foreign like
product was greater than five percent of
its aggregate volume of U.S. sales of the
subject merchandise, we determined the
home market was viable. Therefore, we
based NV on home market sales in the
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45939
usual commercial quantities and in the
ordinary course of trade.
B. Price–to-Price Comparisons
We calculated NV based on prices to
unaffiliated customers. Amtex reported
no billing adjustments, discounts or
rebates in the home market. We made
deductions for movement expenses
including, where appropriate, foreign
inland freight and insurance, pursuant
to section 773(a)(6)(B) of the Tariff Act.
In addition, when comparing sales of
similar merchandise, we made
adjustments for differences in cost
attributable to differences in physical
characteristics of the merchandise (i.e.,
DIFMER) pursuant to section
773(a)(6)(C)(ii) of the Tariff Act and 19
CFR 351.411. We also made adjustments
for differences in circumstances of sale
(COS) in accordance with section
773(a)(6)(C)(iii) of the Tariff Act and 19
CFR 351.410. We made COS
adjustments for imputed credit
expenses. Finally, we deducted home
market packing costs and added U.S.
packing costs in accordance with
sections 773(a)(6)(A) and (B) of the
Tariff Act.
C. Constructed Value (CV)
We found contemporaneous market
matches for all the U.S. sales. Therefore,
for these preliminary results, it was not
necessary to base NV on CV. In
accordance with section 773(a)(4) of the
Tariff Act, we base NV on CV if we are
unable to find a contemporaneous
comparison market match of identical or
similar merchandise for the U.S. sale.
Section 773(e) of the Act provides that
CV shall be based on the sum of the cost
of materials and fabrication employed in
making the subject merchandise, selling,
general and administrative (SG&A)
expenses, financial expenses, profit, and
U.S. packing costs. For a more detailed
explanation of our CV analysis, which
relies upon business proprietary
information, please see the Analysis
Memorandum at 11.
Level of Trade, EP, and CEP
In accordance with section
773(a)(1)(B) of the Tariff Act, to the
extent practicable, we base NV on sales
made in the comparison market at the
same level of trade (LOT) as the export
transaction. The NV LOT is based on the
starting price of sales in the home
market or, when NV is based on CV, on
the LOT of the sales from which SG&A
expenses and profit are derived. With
respect to CEP transactions in the U.S.
market, the CEP LOT is defined as the
level of the constructed sale from the
exporter to the importer. See section
773(a)(7)(A) of the Tariff Act.
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To determine whether NV sales are at
a different LOT than CEP sales, we
examine stages in the marketing process
and selling functions along the chain of
distribution between the producer and
the customer. See 19 CFR 351.412(c)(2).
If the comparison–market sales are at a
different LOT, and the difference affects
price comparability, as manifested in a
pattern of consistent price differences
between the sales on which NV is based
and comparison–market sales at the
LOT of the export transaction, we make
a LOT adjustment under section
773(a)(7)(A) of the Tariff Act. For CEP
sales, if the NV level is more remote
from the factory than the CEP level and
there is no basis for determining
whether the difference in the levels
between NV and CEP affects price
comparability, we adjust NV under
section 773(a)(7)(B) of the Tariff Act (the
CEP offset provision). See, e.g., Certain
Hot–Rolled Flat–Rolled Carbon Quality
Steel Products from Brazil; Preliminary
Results of Antidumping Duty
Administrative Review, 70 FR 17406,
17410 (April 6, 2005), results
unchanged in Notice of Final Results of
Antidumping Duty Administrative
Review: Certain Hot–Rolled Flat–Rolled
Carbon Quality Steel Products from
Brazil, 70 FR 58683 (October 7, 2005);
see also Final Determination of Sales at
Less Than Fair Value: Greenhouse
Tomatoes From Canada, 67 FR 8781
(February 26, 2002) and accompanying
Issues and Decisions Memorandum at
Comment 8. For CEP sales, we consider
only the selling activities reflected in
the price after the deduction of expenses
and CEP profit under section 772(d) of
the Tariff Act. See Micron Technology,
Inc. v. United States, 243 F.3d 1301,
1314–15 (Fed. Cir. 2001). We expect that
if the claimed LOTs are the same, the
functions and activities of the seller
should be similar. Conversely, if a party
claims that the LOTs are different for
different groups of sales, the functions
and activities of the seller should be
dissimilar. See Porcelain–on-Steel
Cookware from Mexico: Final Results of
Antidumping Duty Administrative
Review, 65 FR 30068 (May 10, 2000) and
accompanying Issues and Decisions
Memorandum at Comment 6.
Amtex reported it had sold CMC to
end–users and distributors in the home
market and to end–users and
distributors in the United States. For the
home market, Amtex identified two
channels of distribution: end users
(channel 1) and distributors (channel 2).
See Amtex’s Section A Response at A–
12 to A–14 and Exhibit A–8; see also
Amtex’s Section B Response at 22–23
and Section C Response at 20. Amtex
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16:49 Aug 06, 2008
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claimed a single level of trade in the
home market, stating that it performs
essentially the same selling functions to
either category of customer.
We obtained information from Amtex
regarding the marketing stages involved
in making its reported home market and
U.S. sales. Amtex provided a table
listing all selling activities it performs,
and comparing the levels of trade among
each channel of distribution in each
market. See Amtex’s Section A
Response at Exhibit A–8. We reviewed
Amtex’s claims concerning the intensity
to which all selling functions were
performed for each home market
channel of distribution and customer
category. For virtually all selling
functions, the selling activities of Amtex
were identical in both channels,
including sales forecasting, personnel
training, sales promotion, direct sales
personnel, technical assistance,
warranty service, after–sales service and
arranging delivery. Id. In fact, Amtex
described the level of performance as
identical across its home market end–
user and distributor channels of
distribution. See Amtex’s Section B
Response at 22–23.
While we find some differences in the
selling functions performed between the
home market end–user and distributor
channels of distribution, such
differences are minor in that they are
not the principal selling functions but
rather specific to a few customers and
rarely performed. See Amtex’s Section
A Response at Exhibit A–8. Based on
our analysis of all of Amtex’s home
market selling functions, we agree with
Amtex’s characterization of all its home
market sales as being made at the same
level of trade, the NV LOT.
In the U.S. market, Amtex reported
two levels of trade (i.e., EP and CEP
sales) through two channels of
distribution (i.e., end–users and
distributors). We examined the record
with respect to Amtex’s EP sales and
find that for all EP sales, Amtex
performed such selling functions as
sales forecasting, sales promotion, direct
sales personnel, technical assistance,
warranties, after–sales services and
arranging delivery. Id. In terms of the
number and intensity of selling
functions performed on EP sales, these
were indistinguishable between sales
from Amtex to end users and to
distributors. Id. Accordingly, we
preliminarily determine that all EP sales
were made at the same LOT.
We compared Amtex’s EP level of
trade to the single NV level of trade
found in the home market. While we
find differences in the levels of intensity
performed for some of these functions
between the home market NV level of
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trade and the EP level of trade, such
differences are minor (specific to a few
customers and rarely performed) and do
not establish distinct levels of trade
within the home market. Based on our
analysis of all of Amtex’s home market
and EP selling functions, we find these
sales were made at the same level of
trade.
For CEP sales, however, we find that
the CEP LOT is more advanced than the
NV LOT. In the Selling Functions Chart,
Amtex claims that the number and
intensity of selling functions performed
by Amtex in making its sales to Amtex
Chemicals are lower than the number
and intensity of selling functions Amtex
performed for its EP sales, and further
claims that CEP sales are at a less
advanced stage than home market sales.
See Amtex’s Section A Response at A–
16 and Exhibit A–8. Amtex’s Section C
Response, however, indicates that
Amtex’s CEP sales are at a more
advanced marketing stage than are its
home market sales. See Amtex’s Section
C Response at 36–37. Amtex reports that
most of the principal selling functions
in both markets are carried out by a
single employee in the Mexico office
who devotes a disproportionate amount
of time (as compared to the relative
value of CEP sales to all sales) to these
CEP principal selling functions. Id.; see
also Exhibit A–1. Based on this
information, we preliminarily determine
that the CEP LOT (that is, sales from
Amtex to its U.S. affiliate) involves a
much more intense level of activity than
the NV LOT. See Analysis
Memorandum at 6–7.
Because we found the home market
and U.S. CEP sales were made at
different LOTs, as Amtex claimed, we
examined whether a LOT adjustment or
a CEP offset may be appropriate in this
review. As we found only one LOT in
the home market, it was not possible to
make a LOT adjustment to home market
sales prices, because such an adjustment
is dependent on our ability to identify
a pattern of consistent price differences
between the home market sales on
which NV is based and home market
sales at the CEP LOT. See 19 CFR
351.412(d)(1)(ii). Furthermore, because
the CEP LOT involves a much more
intense level of activity than the NV
LOT, it is not possible to make a CEP
offset to NV in accordance with section
773(a)(7)(B) of the Tariff Act.
Currency Conversions
Amtex reported certain home market
and U.S. sales prices and adjustments in
both U.S. dollars and Mexican pesos.
Therefore, we made peso–U.S. dollar
currency conversions, where
appropriate, based on the exchange rates
E:\FR\FM\07AUN1.SGM
07AUN1
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices
on the basis of the ratio of the total
amount of antidumping duties
calculated for the examined sales to the
total entered value of the examined
sales of that importer. These rates will
Preliminary Results of Review
be assessed uniformly on all entries the
As a result of our review, we
respective importers made during the
preliminarily find the following
POR if these preliminary results are
weighted–average dumping margin
adopted in the final results of review.
exists for the period July 1, 2006
Where the assessment rate is above de
through June 30, 2007:
minimis, we will instruct CBP to assess
duties on all entries of subject
Weighted– merchandise by that importer. In
Average
accordance with 19 CFR 356.8(a), the
Producer/Exporter
Margin
Department intends to issue appropriate
(Percentage)
appraisement instructions directly to
CBP on or after 41 days following the
Quimica Amtex, S.A. de C.V ......
1.44 publication of the final results of
All Others ....................................
12.61
review.
The Department clarified its
The Department will disclose
‘‘automatic assessment’’ regulation on
calculations performed within five days
May 6, 2003. See Antidumping and
of the date of publication of this notice
Countervailing Duty Proceedings:
in accordance with 19 CFR 351.224(b).
Assessment of Antidumping Duties, 68
An interested party may request a
FR 23954 (May 6, 2003). This
hearing within thirty days of
clarification will apply to entries of
publication. See 19 CFR 351.310(c). Any subject merchandise during the POR
hearing, if requested, will be held 37
produced by the company included in
days after the date of publication, or the these preliminary results that the
first business day thereafter, unless the
company did not know were destined
Department alters the date pursuant to
for the United States. In such instances
19 CFR 351.310(d). Interested parties
we will instruct CBP to liquidate
may submit case briefs no later than 30
unreviewed entries at the ‘‘all others’’
days after the date of publication of
rate if there is no rate for the
these preliminary results of review. See
intermediate company or companies
19 CFR 351.309(c)(1)(ii). Rebuttal briefs, involved in the transaction.
limited to issues raised in the case
briefs, may be filed no later than 35 days Cash Deposit Requirements
after the date of publication of this
Furthermore, the following cash
notice. See 19 CFR 351.309(d)(1). Parties deposit requirements will be effective
who submit arguments in these
for all shipments of CMC from Mexico
proceedings are requested to submit
entered, or withdrawn from warehouse,
with the argument: 1) a statement of the for consumption on or after the
issue; 2) a brief summary of the
publication date of the final results of
argument; and 3) a table of authorities.
this administrative review, as provided
Further, parties submitting written
by section 751(a)(1) of the Tariff Act: 1)
comments must provide the Department the cash deposit rate for Amtex will be
with an additional copy of the public
the rate established in the final results
version of any such comments on
of review, unless that rate is less than
diskette. The Department will issue
0.50 percent (de minimis within the
final results of this administrative
meaning of 19 CFR 351.106(c)(1)), in
review, including the results of our
which case the cash deposit rate will be
zero; 2) if the exporter is not a firm
analysis of the issues in any such
covered in this review or the less–thanwritten comments or at a hearing,
fair–value (LTFV) investigation, but the
within 120 days of publication of these
manufacturer is, the cash deposit rate
preliminary results.
The Department shall determine, and
will be the rate established for the most
CBP shall assess, antidumping duties on recent period for the manufacturer of
all appropriate entries. Upon
the merchandise; and 3) if neither the
completion of this administrative
exporter nor the manufacturer is a firm
review, pursuant to 19 CFR 351.212(b),
covered in this or any previous review
the Department will calculate an
conducted by the Department, the cash
assessment rate on all appropriate
deposit rate will be the all–others rate
entries. Amtex has reported entered
of 12.61 percent from the LTFV
values for all of its sales of subject
investigation. See Notice of
merchandise to the United States during Antidumping Duty Orders: Purified
the POR. Therefore, in accordance with
Carboxymethylcellulose from Finland,
19 CFR 351.212(b)(1), we will calculate
Mexico, the Netherlands and Sweden,
importer–specific duty assessment rates 70 FR 39734 (July 11, 2005).
sroberts on PROD1PC70 with NOTICES
in effect on the date of the sale, as
certified by the Federal Reserve Board,
in accordance with section 773A(a) of
the Tariff Act.
VerDate Aug<31>2005
16:49 Aug 06, 2008
Jkt 214001
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
45941
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: July 30, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–18217 Filed 8–6–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–916]
Notice of Antidumping Duty Order:
Laminated Woven Sacks From the
People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing an
antidumping duty order on laminated
woven sacks from the People’s Republic
of China (‘‘PRC’’). On July 30, 2008, the
ITC notified the Department of its
affirmative determination of material
injury to a U.S. industry. See Laminated
Woven Sacks from China, Investigation
No. 731–TA–1122 (Final), USITC
Publication 4025 (July 2008).
DATES: Effective Date: August 7, 2008.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–2243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the ‘‘Act’’), on June 24,
2008, the Department published
Laminated Woven Sacks from the
People’s Republic of China: Final
E:\FR\FM\07AUN1.SGM
07AUN1
Agencies
[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 45937-45941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18217]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-201-834)
Purified Carboxymethylcellulose from Mexico: Notice of
Preliminary Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from Quimica Amtex S.A. de C.V.
(Amtex), the Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on purified
carboxymethylcellulose (CMC) from Mexico. The review covers exports of
the subject merchandise to the United States produced and exported by
Amtex and the period of review (POR) is July 1, 2006, through June 30,
2007.
[[Page 45938]]
We preliminarily find that Amtex made sales at less than normal
value (NV) during the POR. If these preliminary results are adopted in
our final results of this review, we will instruct U.S. Customs and
Border Protection (CBP) to assess antidumping duties based on
differences between the export price (EP) or constructed export price
(CEP) and NV.
Interested parties are invited to comment on these preliminary
results. Parties who submit arguments in this proceeding are requested
to submit with the arguments: (1) a statement of the issues, (2) a
brief summary of the arguments (no longer than five pages, including
footnotes) and (3) a table of authorities.
EFFECTIVE DATE: August 7, 2008
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
6312 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on CMC from
Mexico on July 11, 2005. See Notice of Antidumping Duty Orders:
Purified Carboxymethylcellulose from Finland, Mexico, the Netherlands,
and Sweden, 70 FR 39734 (July 11, 2005). On July 3, 2007, the
Department published the notice of opportunity to request an
administrative review of CMC from Mexico for the period of July 1,
2006, through June 30, 2007. See Antidumping or Countervailing Duty
Order, Finding or Suspended Investigation; Opportunity to Request
Administrative Review, 72 FR 36420 (July 3, 2007). On July 13, 2007,
respondent Amtex requested an administrative review. On August 24,
2007, the Department published in the Federal Register a notice of
initiation of this antidumping duty administrative review. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 72 FR 48613 (August 24,
2007).
On August 24, 2007, the Department issued its standard antidumping
duty questionnaire to Amtex. Amtex submitted its response to section A
of the Department's questionnaire on September 21, 2007 (Amtex Section
A Response). Amtex submitted its response to sections B and C of the
Department's questionnaire on October 12, 2007 (Amtex Sections B and C
Response).
On March 6, 2008, the Department issued a supplemental
questionnaire for sections A, B, and C, to which Amtex responded on
April 4, 2008 (Amtex Supplemental Response). Because it was not
practicable to complete this review within the normal time frame, on
March 17, 2008, the Department published in the Federal Register a
notice of the extension for the preliminary results of this review. See
Purified Carboxymethylcellulose from Mexico: Extension of Time Limits
for Preliminary Results of Antidumping Duty Administrative Review, 73
FR 14222 (March 17, 2008). This extension established the deadline for
these preliminary results as July 30, 2008. On July 10, 2008, the
Department issued a second supplemental questionnaire to Amtex. The
company filed its response on July 15, 2008.
Period of Review
The period of review (POR) is July 1, 2006, through June 30, 2007.
Scope of the Order
The merchandise covered by this order is all purified
carboxymethylcellulose (CMC), sometimes also referred to as purified
sodium CMC, polyanionic cellulose, or cellulose gum, which is a white
to off-white, non-toxic, odorless, biodegradable powder, comprising
sodium CMC that has been refined and purified to a minimum assay of 90
percent. Purified CMC does not include unpurified or crude CMC, CMC
Fluidized Polymer Suspensions, and CMC that is cross-linked through
heat treatment. Purified CMC is CMC that has undergone one or more
purification operations which, at a minimum, reduce the remaining salt
and other by-product portion of the product to less than ten percent.
The merchandise subject to this order is classified in the Harmonized
Tariff Schedule of the United States at subheading 3912.31.00. This
tariff classification is provided for convenience and customs purposes;
however, the written description of the scope of the order is
dispositive.
Date of Sale
The Department's regulations state that it will normally use the
date of invoice, as recorded in the exporter's or producer's records
kept in the ordinary course of business, as the date of sale. See 19
CFR 351.401(f)(i). If the Department is satisfied that ``a different
date better reflects the date on which the exporter or producer
establishes the material terms of sale,'' the Department may choose a
different date. Id. Amtex has reported the definitive invoice (as
differentiated from pro forma invoice) as the invoice date. See Amtex
Supplemental Response at 5. As further discussed below, the Department
preliminarily determines that the definitive invoice date is the date
of sale provided it is issued on or before the shipment date; and that
the shipment date is the date of sale where the invoice is issued after
the shipment date.
With regard to the invoice date, Amtex bills some of its sales via
``delayed invoices'' in both the home and U.S. markets. See Amtex
Supplemental Response at 5. Delivery is made to the customer and a pro
forma invoice is issued, but the subject merchandise remains in storage
and continues to be the property of Amtex until withdrawn for
consumption by the customer (usually at the end of a regular, monthly
billing cycle), at which time a definitive invoice is issued. Id. In
Amtex's normal books and records, it is this definitive invoice date,
not the pro forma invoice date, that is recorded as the date of sale.
Id. See Analysis Memorandum for the Preliminary Results of the
Administrative Review of the Antidumping Duty Order on
Carboxymethylcellulose from Mexico dated July 30, 2008 (Analysis
Memorandum), for further discussion of date of sale. A public version
of this memorandum is on file in the Department's Central Records Unit
(CRU) located in Room 1117 of the main Department of Commerce Building,
14th Street and Constitution Avenue, NW, Washington, DC 20230.
Fair Value Comparisons
To determine whether sales of CMC in the United States were made at
less than NV, we compared U.S. price to NV, as described in the
``Export Price,'' ``Constructed Export Price,'' and ``Normal Value''
sections of this notice. In accordance with section 777A(d)(2) of the
Tariff Act of 1930, as amended (the Tariff Act), we calculated monthly
weighted-average NVs and compared these to individual U.S.
transactions. Because we determined Amtex made both EP and CEP sales
during the POR, we used both EP and CEP as the basis for U.S. price in
our comparisons.
Product Comparisons
In accordance with section 771(16) of the Tariff Act, we considered
all products produced by Amtex covered by the description in the
``Scope of the Order'' section, above, and sold in the home market
during the POR, to be foreign like products for purposes of determining
appropriate product
[[Page 45939]]
comparisons to U.S. sales. We relied on five characteristics to match
U.S. sales of subject merchandise to comparison sales of the foreign
like product (listed in order of priority): 1) grade; 2) viscosity; 3)
degree of substitution; 4) particle size; and 5) solution gel
characteristics. Where there were no sales of identical merchandise in
the home market to compare to U.S. sales, we compared U.S. sales to the
next most similar foreign like product on the basis of these product
characteristics and the reporting instructions listed in the
Department's August 24, 2007, questionnaire. Because there were
contemporaneous sales of identical or similar merchandise in the home
market suitable for comparison to all U.S. sales, we did not compare
any U.S. sales to constructed value (CV). See the CV section below.
Export Price (EP)
Section 772(a) of the Tariff Act defines EP as ``the price at which
the subject merchandise is first sold (or agreed to be sold) before the
date of importation by the producer or exporter of 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,'' as adjusted under section 772(c) of the Tariff Act. In
accordance with section 772(a) of the Tariff Act, we used EP for a
number of Amtex's U.S. sales because these sales were made before the
date of importation and were sales directly to unaffiliated customers
in the United States, and because CEP methodology was not otherwise
indicated.
We based EP on the packed, delivered duty paid, cost and freight
(C&F) or free on board (FOB) prices to unaffiliated customers in the
United States. Amtex reported no price or billing adjustments, and no
discounts. We made deductions for movement expenses in accordance with
section 772(c)(2)(A) of the Tariff Act, which included, where
appropriate, foreign inland freight from the mill to the U.S. border,
inland freight from the border to the customer or warehouse, and U.S.
brokerage and handling. We made adjustment for direct expenses (credit
expenses) in accordance with section 772(c)(2)(A) of the Tariff Act.
Constructed Export Price (CEP)
In accordance with section 772(b) of the Tariff Act, CEP is ``the
price at which the subject merchandise is first sold (or agreed to be
sold) in the United States before or after the date of importation by
or for the account of the producer or exporter of such merchandise, or
by a seller affiliated with the producer or exporter, to a purchaser
not affiliated with the producer or exporter,'' as adjusted under
sections 772(c) and (d) of the Tariff Act. In accordance with section
772(b) of the Tariff Act, we used CEP for a number of Amtex's U.S.
sales because Amtex sold merchandise to its affiliate in the United
States, Amtex Chemicals LLC (Amtex Chemicals or ACUS), which, in turn,
sold subject merchandise to unaffiliated U.S. customers. See, e.g.,
Amtex Section A Response at 13-15. We preliminarily find these U.S.
sales are properly classified as CEP sales because they occurred in the
United States and were made through Amtex's U.S. affiliate, Amtex
Chemicals, to unaffiliated U.S. customers.
We based CEP on the packed, delivered duty paid or FOB warehouse
prices to unaffiliated purchasers in the United States. Amtex reported
no price or billing adjustments, and no discounts or rebates. We made
deductions for movement expenses in accordance with section
772(c)(2)(A) of the Tariff Act, which included, where appropriate,
foreign inland freight to the border, foreign brokerage and handling,
customs duties, U.S. brokerage, U.S. inland freight, and U.S.
warehousing expenses. In accordance with section 772(d)(1) of the
Tariff Act, we deducted those selling expenses associated with economic
activities occurring in the United States, including direct selling
expenses (credit costs), inventory carrying costs, and indirect selling
expenses. However, no adjustment for CEP profit was made for the
reasons set forth in the Analysis Memorandum. See Analysis Memorandum
at 11.
Normal Value
A. Selection of Comparison Market
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 was equal to or greater than five percent of the aggregate
volume of U.S. sales), we compared the respondent's volume of home
market sales of the foreign like product to the volume of U.S. sales of
the subject merchandise, in accordance with section 773(a)(1) of the
Tariff Act. Because Amtex's aggregate volume of home market sales of
the foreign like product was greater than five percent of its aggregate
volume of U.S. sales of the subject merchandise, we determined the home
market was viable. Therefore, we based NV on home market sales in the
usual commercial quantities and in the ordinary course of trade.
B. Price-to-Price Comparisons
We calculated NV based on prices to unaffiliated customers. Amtex
reported no billing adjustments, discounts or rebates in the home
market. We made deductions for movement expenses including, where
appropriate, foreign inland freight and insurance, pursuant to section
773(a)(6)(B) of the Tariff Act. In addition, when comparing sales of
similar merchandise, we made adjustments for differences in cost
attributable to differences in physical characteristics of the
merchandise (i.e., DIFMER) pursuant to section 773(a)(6)(C)(ii) of the
Tariff Act and 19 CFR 351.411. We also made adjustments for differences
in circumstances of sale (COS) in accordance with section
773(a)(6)(C)(iii) of the Tariff Act and 19 CFR 351.410. We made COS
adjustments for imputed credit expenses. Finally, we deducted home
market packing costs and added U.S. packing costs in accordance with
sections 773(a)(6)(A) and (B) of the Tariff Act.
C. Constructed Value (CV)
We found contemporaneous market matches for all the U.S. sales.
Therefore, for these preliminary results, it was not necessary to base
NV on CV. In accordance with section 773(a)(4) of the Tariff Act, we
base NV on CV if we are unable to find a contemporaneous comparison
market match of identical or similar merchandise for the U.S. sale.
Section 773(e) of the Act provides that CV shall be based on the sum of
the cost of materials and fabrication employed in making the subject
merchandise, selling, general and administrative (SG&A) expenses,
financial expenses, profit, and U.S. packing costs. For a more detailed
explanation of our CV analysis, which relies upon business proprietary
information, please see the Analysis Memorandum at 11.
Level of Trade, EP, and CEP
In accordance with section 773(a)(1)(B) of the Tariff Act, to the
extent practicable, we base NV on sales made in the comparison market
at the same level of trade (LOT) as the export transaction. The NV LOT
is based on the starting price of sales in the home market or, when NV
is based on CV, on the LOT of the sales from which SG&A expenses and
profit are derived. With respect to CEP transactions in the U.S.
market, the CEP LOT is defined as the level of the constructed sale
from the exporter to the importer. See section 773(a)(7)(A) of the
Tariff Act.
[[Page 45940]]
To determine whether NV sales are at a different LOT than CEP
sales, we examine stages in the marketing process and selling functions
along the chain of distribution between the producer and the customer.
See 19 CFR 351.412(c)(2). If the comparison-market sales are at a
different LOT, and the difference affects price comparability, as
manifested in a pattern of consistent price differences between the
sales on which NV is based and comparison-market sales at the LOT of
the export transaction, we make a LOT adjustment under section
773(a)(7)(A) of the Tariff Act. For CEP sales, if the NV level is more
remote from the factory than the CEP level and there is no basis for
determining whether the difference in the levels between NV and CEP
affects price comparability, we adjust NV under section 773(a)(7)(B) of
the Tariff Act (the CEP offset provision). See, e.g., Certain Hot-
Rolled Flat-Rolled Carbon Quality Steel Products from Brazil;
Preliminary Results of Antidumping Duty Administrative Review, 70 FR
17406, 17410 (April 6, 2005), results unchanged in Notice of Final
Results of Antidumping Duty Administrative Review: Certain Hot-Rolled
Flat-Rolled Carbon Quality Steel Products from Brazil, 70 FR 58683
(October 7, 2005); see also Final Determination of Sales at Less Than
Fair Value: Greenhouse Tomatoes From Canada, 67 FR 8781 (February 26,
2002) and accompanying Issues and Decisions Memorandum at Comment 8.
For CEP sales, we consider only the selling activities reflected in the
price after the deduction of expenses and CEP profit under section
772(d) of the Tariff Act. See Micron Technology, Inc. v. United States,
243 F.3d 1301, 1314-15 (Fed. Cir. 2001). We expect that if the claimed
LOTs are the same, the functions and activities of the seller should be
similar. Conversely, if a party claims that the LOTs are different for
different groups of sales, the functions and activities of the seller
should be dissimilar. See Porcelain-on-Steel Cookware from Mexico:
Final Results of Antidumping Duty Administrative Review, 65 FR 30068
(May 10, 2000) and accompanying Issues and Decisions Memorandum at
Comment 6.
Amtex reported it had sold CMC to end-users and distributors in the
home market and to end-users and distributors in the United States. For
the home market, Amtex identified two channels of distribution: end
users (channel 1) and distributors (channel 2). See Amtex's Section A
Response at A-12 to A-14 and Exhibit A-8; see also Amtex's Section B
Response at 22-23 and Section C Response at 20. Amtex claimed a single
level of trade in the home market, stating that it performs essentially
the same selling functions to either category of customer.
We obtained information from Amtex regarding the marketing stages
involved in making its reported home market and U.S. sales. Amtex
provided a table listing all selling activities it performs, and
comparing the levels of trade among each channel of distribution in
each market. See Amtex's Section A Response at Exhibit A-8. We reviewed
Amtex's claims concerning the intensity to which all selling functions
were performed for each home market channel of distribution and
customer category. For virtually all selling functions, the selling
activities of Amtex were identical in both channels, including sales
forecasting, personnel training, sales promotion, direct sales
personnel, technical assistance, warranty service, after-sales service
and arranging delivery. Id. In fact, Amtex described the level of
performance as identical across its home market end-user and
distributor channels of distribution. See Amtex's Section B Response at
22-23.
While we find some differences in the selling functions performed
between the home market end-user and distributor channels of
distribution, such differences are minor in that they are not the
principal selling functions but rather specific to a few customers and
rarely performed. See Amtex's Section A Response at Exhibit A-8. Based
on our analysis of all of Amtex's home market selling functions, we
agree with Amtex's characterization of all its home market sales as
being made at the same level of trade, the NV LOT.
In the U.S. market, Amtex reported two levels of trade (i.e., EP
and CEP sales) through two channels of distribution (i.e., end-users
and distributors). We examined the record with respect to Amtex's EP
sales and find that for all EP sales, Amtex performed such selling
functions as sales forecasting, sales promotion, direct sales
personnel, technical assistance, warranties, after-sales services and
arranging delivery. Id. In terms of the number and intensity of selling
functions performed on EP sales, these were indistinguishable between
sales from Amtex to end users and to distributors. Id. Accordingly, we
preliminarily determine that all EP sales were made at the same LOT.
We compared Amtex's EP level of trade to the single NV level of
trade found in the home market. While we find differences in the levels
of intensity performed for some of these functions between the home
market NV level of trade and the EP level of trade, such differences
are minor (specific to a few customers and rarely performed) and do not
establish distinct levels of trade within the home market. Based on our
analysis of all of Amtex's home market and EP selling functions, we
find these sales were made at the same level of trade.
For CEP sales, however, we find that the CEP LOT is more advanced
than the NV LOT. In the Selling Functions Chart, Amtex claims that the
number and intensity of selling functions performed by Amtex in making
its sales to Amtex Chemicals are lower than the number and intensity of
selling functions Amtex performed for its EP sales, and further claims
that CEP sales are at a less advanced stage than home market sales. See
Amtex's Section A Response at A-16 and Exhibit A-8. Amtex's Section C
Response, however, indicates that Amtex's CEP sales are at a more
advanced marketing stage than are its home market sales. See Amtex's
Section C Response at 36-37. Amtex reports that most of the principal
selling functions in both markets are carried out by a single employee
in the Mexico office who devotes a disproportionate amount of time (as
compared to the relative value of CEP sales to all sales) to these CEP
principal selling functions. Id.; see also Exhibit A-1. Based on this
information, we preliminarily determine that the CEP LOT (that is,
sales from Amtex to its U.S. affiliate) involves a much more intense
level of activity than the NV LOT. See Analysis Memorandum at 6-7.
Because we found the home market and U.S. CEP sales were made at
different LOTs, as Amtex claimed, we examined whether a LOT adjustment
or a CEP offset may be appropriate in this review. As we found only one
LOT in the home market, it was not possible to make a LOT adjustment to
home market sales prices, because such an adjustment is dependent on
our ability to identify a pattern of consistent price differences
between the home market sales on which NV is based and home market
sales at the CEP LOT. See 19 CFR 351.412(d)(1)(ii). Furthermore,
because the CEP LOT involves a much more intense level of activity than
the NV LOT, it is not possible to make a CEP offset to NV in accordance
with section 773(a)(7)(B) of the Tariff Act.
Currency Conversions
Amtex reported certain home market and U.S. sales prices and
adjustments in both U.S. dollars and Mexican pesos. Therefore, we made
peso-U.S. dollar currency conversions, where appropriate, based on the
exchange rates
[[Page 45941]]
in effect on the date of the sale, as certified by the Federal Reserve
Board, in accordance with section 773A(a) of the Tariff Act.
Preliminary Results of Review
As a result of our review, we preliminarily find the following
weighted-average dumping margin exists for the period July 1, 2006
through June 30, 2007:
------------------------------------------------------------------------
Weighted-
Producer/Exporter Average Margin
(Percentage)
------------------------------------------------------------------------
Quimica Amtex, S.A. de C.V............................. 1.44
All Others............................................. 12.61
------------------------------------------------------------------------
The Department will disclose calculations performed within five
days of the date of publication of this notice in accordance with 19
CFR 351.224(b). An interested party may request a hearing within thirty
days of publication. See 19 CFR 351.310(c). Any hearing, if requested,
will be held 37 days after the date of publication, or the first
business day thereafter, unless the Department alters the date pursuant
to 19 CFR 351.310(d). Interested parties may submit case briefs no
later than 30 days after the date of publication of these preliminary
results of review. See 19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
35 days after the date of publication of this notice. See 19 CFR
351.309(d)(1). Parties who submit arguments in these proceedings are
requested to submit with the argument: 1) a statement of the issue; 2)
a brief summary of the argument; and 3) a table of authorities.
Further, parties submitting written comments must provide the
Department with an additional copy of the public version of any such
comments on diskette. The Department will issue final results of this
administrative review, including the results of our analysis of the
issues in any such written comments or at a hearing, within 120 days of
publication of these preliminary results.
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. Upon completion of this
administrative review, pursuant to 19 CFR 351.212(b), the Department
will calculate an assessment rate on all appropriate entries. Amtex has
reported entered values for all of its sales of subject merchandise to
the United States during the POR. Therefore, in accordance with 19 CFR
351.212(b)(1), we will calculate importer-specific duty assessment
rates on the basis of the ratio of the total amount of antidumping
duties calculated for the examined sales to the total entered value of
the examined sales of that importer. These rates will be assessed
uniformly on all entries the respective importers made during the POR
if these preliminary results are adopted in the final results of
review. Where the assessment rate is above de minimis, we will instruct
CBP to assess duties on all entries of subject merchandise by that
importer. In accordance with 19 CFR 356.8(a), the Department intends to
issue appropriate appraisement instructions directly to CBP on or after
41 days following the publication of the final results of 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). This
clarification will apply to entries of subject merchandise during the
POR produced by the company included in these preliminary results that
the company did not know were 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 intermediate company or
companies involved in the transaction.
Cash Deposit Requirements
Furthermore, the following cash deposit requirements will be
effective for all shipments of CMC from Mexico entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Tariff Act: 1) the cash deposit rate for Amtex will be
the rate established in the final results of review, unless that rate
is less than 0.50 percent (de minimis within the meaning of 19 CFR
351.106(c)(1)), in which case the cash deposit rate will be zero; 2) if
the exporter is not a firm covered in this review or the 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 3) if neither the exporter
nor the manufacturer is a firm covered in this or any previous review
conducted by the Department, the cash deposit rate will be the all-
others rate of 12.61 percent from the LTFV investigation. See Notice of
Antidumping Duty Orders: Purified Carboxymethylcellulose from Finland,
Mexico, the Netherlands and Sweden, 70 FR 39734 (July 11, 2005).
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: July 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18217 Filed 8-6-08; 8:45 am]
BILLING CODE 3510-DS-S