Sodium Metal from France: Notice of Final Determination of Sales at Less Than Fair Value and Negative Critical Circumstances, 62252-62255 [E8-24912]
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62252
Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Notices
result indicating a boron factor of 1.8 or
greater.
Initiation of Minor Alterations
Antidumping Circumvention
Proceeding
Section 781(c)(1) of the Act provides
that the Department may find
circumvention of an antidumping duty
order when products which are of the
class or kind of merchandise subject to
an antidumping duty order have been
‘‘altered in form or appearance in minor
respects . . . whether or not included in
the same tariff classification.’’ The
Department notes that, while the statute
is silent as to what factors to consider
in determining whether alterations are
properly considered ‘‘minor,’’ the
legislative history of this provision
indicates there are certain factors which
should be considered before reaching a
circumvention determination. In
conducting a circumvention inquiry
under section 781(c) of the Act, the
Department has generally relied upon
‘‘such criteria as the overall physical
characteristics of the merchandise, the
expectations of the ultimate users, the
use of the merchandise, the channels of
marketing and the cost of any
modification relative to the total value
of the imported products.’’ S. Rep.
No.71, 100th Cong., 1st Sess. 100 (1987)
(‘‘In applying this provision, the
Commerce Department should apply
practical measurements regarding minor
alterations, so that circumvention can be
dealt with effectively, even where such
alterations to an article technically
transform it into a differently designated
article.’’).
As discussed below, certain domestic
producers have presented evidence with
respect to each of these criteria.
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Overall Physical Characteristics
Certain domestic producers
acknowledge that the presence of boron
may be associated with enhanced
hardenability of steel. See id. However,
certain domestic producers have noted
that other parameters are necessary for
boron to have the effect in question (see,
e.g., September 10, 2008, submission at
5–9, and September 30, 2008,
memorandum at 1–2). The limitation of
the scope of this circumvention inquiry
accounted for such circumstances. See
‘‘Merchandise Subject to the Minor
Alterations Antidumping
Circumvention Proceeding’’ section
above. Unless these parameters are met,
the boron is assumed to have no effect
upon the hardenability of the steel. See,
e.g., September 10, 2008, submission at
6.
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Expectations of the Ultimate Users
Certain domestic producers indicated
they are unaware of any instances where
customers expected or requested cut–tolength carbon steel plate with small
amounts of boron added, other than to
potentially avoid the added expenses to
the plate products that result from the
antidumping duties in place (see August
13, 2008, submission at 12), with the
exception of those instances in which
other parameters are fulfilled to allow
enhanced hardenability of the product.
As noted, the scope of the inquiry was
limited to account for this exception.
See Overall Physical Characteristics
sub–section above.
Use of the Merchandise
Certain domestic producers state the
product at issue is used for the same
purposes as subject merchandise. See
August 13, 2008, submission at 12. This
is consistent with their later claim that
the presence of the additional amounts
of boron, in and of itself, is insignificant
in terms of adding beneficial attributes
to the steel. See September 10, 2008,
submission at 4.
Channels of Marketing
Certain domestic producers state the
channels of marketing for the boron–
added cut–to-length plate and the
subject plate are the same, noting that
both products are marketed in the same
manner, appeal to the same end users,
and are used for the same end uses. See
August 13, 2008, submission at 12. They
note an electronic mail offer involving
Tianjin and Toyota Tsusho directly
targets U.S. customers of subject
merchandise. See id. at 12–13 and
Exhibit 1; see also September 10, 2008,
submission at 3.
Cost of Modification
Certain domestic producers indicated
the addition of boron at levels
recognized as alloy amounts by the tariff
schedule involve minimal additional
cost. They cite the Department’s finding
in a previous ruling that reaching the
0.0008 percent threshold involved a cost
amounting to only about one–third of
one percent of the sales price. See
August 13, 2008, submission at 13; see
also Preliminary Determination of
Circumvention of Antidumping Order:
Cut–to-Length Carbon Steel Plate From
Canada, 65 FR 64926, 64928 (October
31, 2000) (unchanged at Final Canada
Plate Determination).
Based on the information provided by
certain domestic producers, the
Department finds there is sufficient
basis to initiate an antidumping
circumvention inquiry pursuant to
section 781(c) of the Act to determine
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whether the merchandise subject to the
inquiry (identified in the ‘‘Merchandise
Subject to the Minor Alterations
Antidumping Circumvention
Proceeding’’ section above) involves a
minor alteration to subject merchandise
that is so insignificant as to render the
resulting merchandise (classified as
‘‘alloy’’ steel under the HTSUS) subject
to the antidumping duty order on
certain cut–to-length carbon steel plate
from the PRC.
The Department intends to issue its
final determination within 300 days of
the date of publication of this notice.
The Department will not order the
suspension of liquidation of entries of
any additional merchandise at this time.
However, in accordance with 19 CFR
351.225(l)(2), if the Department issues a
preliminary affirmative determination,
we will then instruct U.S. Customs and
Border Protection to suspend
liquidation and require a cash deposit of
estimated duties on the merchandise.
We intend to notify the International
Trade Commission in the event of an
affirmative preliminary determination of
circumvention, in accordance with
781(e)(1) of the Act and 19 CFR
351.225(f)(7)(i)(C). The Department will,
following consultation with interested
parties, establish a schedule for
questionnaires and comments on the
issues. As noted above, the Department
intends to issue its final determinations
within 300 days of the date of
publication of this initiation.
This notice is published in
accordance with sections 781(c) and (d)
of the Act and 19 CFR 351.225(i).
Dated: October 10, 2008.
David Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–24910 Filed 10–17–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–827]
Sodium Metal from France: Notice of
Final Determination of Sales at Less
Than Fair Value and Negative Critical
Circumstances
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has determined that
sodium metal from France is being, or
is likely to be, sold in the United States
at less than fair value (LTFV), as
provided in section 735 of the Tariff Act
AGENCY:
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Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Notices
of 1930, as amended (the Act). The
estimated margins of sales at LTFV are
listed below in the section entitled
‘‘Continuation of Suspension of
Liquidation.’’
EFFECTIVE DATE: October 20, 2008.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Joy Zhang, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–5973 or (202) 482–
1168, respectively.
SUPPLEMENTARY INFORMATION: On May
28, 2008, the Department published in
the Federal Register its preliminary
determination in the antidumping duty
investigation of sodium metal from
France. See Sodium Metal from France:
Notice of Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination,
73 FR 30605 (May 28, 2008)
(Preliminary Determination).
In the Preliminary Determination,
based on our examination of E.I. DuPont
de Nemours & Co. Inc.’s (the petitioner)
targeted dumping allegation filed on
April 21, 2008, we determined that
there is no pattern of constructed export
prices for comparable merchandise that
differs significantly among purchasers.
Therefore, we applied the average–toaverage methodology to all U.S. sales by
MSSA S.A.S., MSSA Co., and Columbia
Sales International (collectively, MSSA).
In the Preliminary Determination, the
Department invited comments regarding
the overall application of the targeted
dumping test applied in this
proceeding. Accordingly, we received
comments within the case briefs
submitted by the petitioner and MSSA
on July 25, 2008. The petitioner and
MSSA submitted rebuttal comments on
July 30, 2008.
We conducted sales and cost
verifications of the responses submitted
by MSSA. See Memorandum to the File
from Dennis McClure and Joy Zhang,
Case Analysts, through James Terpstra,
Program Manager, Office 3, entitled
‘‘Verification of the Sales Response of
MSSA S.A.S., MSSA Co., and Columbia
Sales International in the Antidumping
Duty Investigation of Sodium Metal
from France,’’ dated July 18, 2008 (Sales
Verification Report); see also
Memorandum to the File through Neal
M. Halper, from LaVonne Clark, entitled
‘‘Verification of the Cost Response of
MSSA S.A.S. in the Antidumping
Investigation of Sodium Metal from
France,’’ dated July 1, 2008 (Cost
Verification Report). All verification
reports are on file and available in the
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Central Records Unit (CRU), Room 1117
of the main Department of Commerce
building.
Based on the Department’s findings at
verification, as well as the minor
corrections presented by MSSA at the
start of its respective verifications, we
requested during verification that
respondents submit revised sales
databases. As requested, MSSA
submitted its revised sales databases at
verification on July 16, 2008.
On September 15, 2008, the petitioner
submitted an allegation of critical
circumstances. MSSA submitted
comments responding to the petitioner’s
allegation of critical circumstances on
September 25, 2008.
Period of Investigation
The period of investigation (POI) is
October 1, 2006, to September 30, 2007.
This period corresponds to the four
most recent fiscal quarters prior to the
month of the filing of the petition.
Scope of the Investigation
The merchandise covered by this
investigation includes sodium metal
(Na), in any form and at any purity
level. Examples of names commonly
used to reference sodium metal are
sodium metal, sodium, metallic sodium,
and natrium. The merchandise subject
to this investigation is classified in the
Harmonized Tariff Schedule of the
United States subheading 2805.11.0000.
The American Chemical Society
Chemical Abstract Service (CAS) has
assigned the name ‘‘Sodium’’ to sodium
metal. The CAS registry number is
7440–23–5. For purposes of the
investigation, the narrative description
is dispositive, not the tariff heading,
CAS registry number or CAS name,
which are provided for convenience and
customs purposes.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
antidumping investigation are
addressed in the ‘‘Issues and Decision
Memorandum for the Antidumping
Duty Investigation of Sodium Metal
from France’’ from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration (Decision
Memorandum), dated October 10, 2008,
which is hereby adopted by this notice.
A list of the issues which parties have
raised and to which we have responded,
all of which are in the Decision
Memorandum, is attached to this notice
as an appendix. Parties can find a
complete discussion of all issues raised
in this investigation and the
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62253
corresponding recommendations in the
Decision Memorandum, which is on file
in the CRU. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Web at
https://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Targeted Dumping
In the Preliminary Determination,
with respect to targeted dumping, we
followed the methodology outlined in
the post–preliminary targeted dumping
analysis in the investigations of Certain
Steel Nails from the PRC and the UAE.
SEE Memorandum to David M. Spooner,
Assistant Secretary for Import
Administration, from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, RE: Antidumping Duty
Investigation of Certain Steel Nails from
the Peoples Republic of China (PRC)
and the United Arab Emirates (UAE),
Subject: Post–Preliminary
Determinations on Targeted Dumping,
dated April 21, 2008 (April 21, 2008
Nails decision memorandum).1 Based
on the targeted dumping test that we
applied in the Preliminary
Determination, we did not find a pattern
of constructed export prices for
comparable merchandise that differ
significantly among customers.2 As a
result, we applied the average–toaverage methodology to the constructed
export prices of all of MSSA’s sales to
the United States during the POI and
calculated a preliminary margin of 62.62
percent for MSSA.3
In the Preliminary Determination, the
Department applied the Nails targeted
dumping test based on the methodology
outlined in the April 21, 2008 Nails
decision memorandum and found no
targeted dumping. We have analyzed
the case and rebuttal briefs4 with
respect to targeted dumping issues
submitted for the record in this
investigation and considered the
changes made to the targeted dumping
test applied in the final determinations
of UAE and PRC Nails and PRC Tires.5
1 See
Preliminary Determination at 30606.
at 30607.
3 Id. at 30609.
4 See the petitioner’s case brief, dated July 25,
2008; see also; MSSA’s rebuttal brief, dated July 30,
2008, respectively.
5 See Certain Steel Nails from the United Arab
Emirates: Notice of Final Determination of Sales at
Not Less Than Fair Value, 73 FR 33985 (June 16,
2008) and accompanying Issues and Decision
Memorandum (Steel Nails from the UAE) dated
June 6, 2008, at Comment 5; see also; Certain Steel
Nails from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value and
Partial Affirmative Determination of Critical
2 Id.
E:\FR\FM\20OCN1.SGM
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Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Notices
As a result of our analysis, we utilized
the Nails targeted dumping test from the
Preliminary Determination and applied
certain modifications from Nails and
PRC Tires for purposes of the final
determination.6
As in the Preliminary Determination,
we did not find a pattern of export
prices for comparable merchandise that
differ significantly among customers.
For further discussion, see Comments 2
and 3 of the Decision Memorandum and
the Memorandum to James Terpstra,
Program Manager for the Office of AD/
CVD Operations, from Dennis McClure
and Joy Zhang, Analysts for the Office
of AD/CVD Operations, RE:
Antidumping Duty Investigation of
Sodium Metal from France, Subject:
Final Analysis Memorandum for Sales
MSSA, dated October 10, 2008 (Final
Analysis Memorandum).
Critical Circumstances
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On September 15, 2008, the petitioner
filed a critical circumstances allegation
with respect to imports of sodium metal
from France. On September 25, 2008,
MSSA submitted comments and
monthly shipment data in response to
the petitioner’s allegation. Although the
Department found that in accordance
with section 735(a)(3)(A)(ii) of the Act,
the person by whom, or for whose
account, the merchandise was imported
knew or should have known that the
exporter was selling the subject
merchandise at less than its fair value
and there was likely to be material
injury of such sales, the Department has
made a final negative determination
concerning critical circumstances for
MSSA and all other French
manufacturers and exporters because, in
accordance with section 735(a)(3)(B) of
the Act, and based on MSSA’s shipment
data, MSSA and all other companies did
not have massive imports during a
relatively short period. See
Memorandum to Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, from Melissa Skinner,
Director, AD/CVD Operations, Subject:
Antidumping Duty Investigation of
Sodium Metal from France, Regarding:
Final Negative Determination of Critical
Circumstances, 73 FR 33977 (June 16, 2008) and
accompanying Issues and Decision Memorandum
(Steel Nails from the PRC) dated June 6, 2008, at
Comments 3, 5, and 9 (collectively, Nails); see also;
Certain New Pneumatic Off-The-Road Tires from
the People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value and
Partial Affirmative Determination of Critical
Circumstances, 73 FR 40480 (July 15, 2008) and
accompanying Issues and Decision Memorandum
(PRC Tires) dated July 7, 2008, at Comments 23. B
and 23.G.
6 Id.
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16:42 Oct 17, 2008
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Circumstances, dated October 10, 2008,
which is hereby adopted by this notice.
Verification
As provided in section 782(i) of the
Act, we verified the sales and cost
information submitted by MSSA for use
in our final determination. We used
standard verification procedures
including an examination of relevant
accounting and production records, and
original source documents provided by
MSSA. See Sales Verification Report
and Cost Verification Report.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we have made certain
changes to the margin calculation for
MSSA. For a discussion of these
changes, see the Decision Memorandum
at Comments 6, 8, 10, and 11, Final
Analysis Memorandum, and
Memorandum to Neal M. Halper,
Director, Office of Accounting, from
LaVonne Clark, Senior Accountant,
Reference: Antidumping Duty
Investigation of Sodium Metal from
France, Subject: Cost of Production and
Constructed Value Calculation
Adjustments for the Final Determination
MSSA S.A.S., MSSA Co., and Columbia
Sales International, Inc. (collectively
‘‘MSSA’’), dated October 10, 2008.
Final Determination Margins
We determine that the following
weighted–average dumping margin
exists for the period October 1, 2006, to
September 30, 2007:
Manufacturer/Exporter
Weighted–Average
Margin (percent)
MSSA S.A.S. ................
All Others ......................
66.64
66.64
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
Pursuant to section 735(c)(1)(B) of the
Act, we will instruct Customs and
Border Protection (CBP) to continue to
suspend liquidation of all entries of
subject merchandise from France,
entered, or withdrawn from warehouse,
for consumption on or after May 28,
2008, the date of publication of the
Preliminary Determination. We will
instruct CBP to require a cash deposit or
the posting of a bond equal to the
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weighted–average dumping margin, as
indicated in the chart above, as follows:
(1) the rate for MSSA S.A.S. will be
66.64 percent; (2) if the exporter is not
a firm identified in this investigation,
but the producer is, the rate will be the
rate established for the producer of the
subject merchandise; (3) the rate for all
other producers or exporters will be
66.64 percent. The suspension of
liquidation instructions will remain in
effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative and in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
securities posted will be refunded or
canceled. See section 735(c)(2) of the
Act. If the ITC determines that such
injury does exist, the Department will
issue an antidumping duty order
directing CBP to assess antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
Notification Regarding APO
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act.
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Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Notices
Dated: October 10, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix -- Issues in Decision
Memorandum
ISSUES
Comment 1: Whether the Department
Should Include ‘‘Form’’ As Part of
Model Match Criteria
Comment 2: Whether the Department
Should Calculate the Antidumping Duty
Margin using the Transaction–toTransaction Methodology
Comment 3: Whether the Department’s
Targeted Dumping Test is Flawed and
Should be Replaced with the
‘‘preponderance at two percent test’’ (P/
2 test)
Comment 4: Whether the Department
Should Alter Its Level of Trade Analysis
Comment 5: Whether the Department
Should Calculate Certain Home Market
Packing Expenses Based on Facts
Available
Comment 6: Whether the Department
Should Re–allocate Indirect Selling
Expenses Based on Sales Value
Comment 7: Whether the Department
Should Deduct Freight from Transfer
Price Before Calculating Domestic
Indirect Selling Expenses
Comment 8: Whether the Department
Should Correct MSSA Co.’s Inventory
Carrying Costs in the United States
Comment 9: Whether the Department
Incorrectly Characterized MSSA Co.’s
Quantity and Value Reconciliation
Comment 10: Whether the Department
Correctly Calculated Indirect Selling
Expenses Incurred in the Home Market
for Purposes of the CEP Deduction
Comment 11: Whether the Department
Should Consider Certain Expenses
Reported as Indirect Selling Expenses as
Direct Deductions from the U.S. Price
[FR Doc. E8–24912 Filed 10–17–08; 8:45 am]
BILLING CODE 3510–DS–S
are interested in the Vietnam’s business
climate for U.S. products or services and
how policy issues may have an impact
on trade and investment in this sector.
In 2007, the ITA launched the U.S.Vietnam ICT Commercial Dialogue with
the Ministry of Information and
Communications (MIC) in Vietnam to
discuss various ICT issues that have an
impact on trade between our two
countries. The U.S. and Vietnamese
companies that participated in the
meeting made several recommendations
for future areas of cooperation. To
continue facilitating input from the
private sector, ITA and MIC agreed to
create a Business Advisory Group under
the Dialogue and encourage wide
participation from both countries. The
main objectives of the Business
Advisory Group are to identify areas of
mutual concern to be potentially
addressed by the Working Group of the
U.S.-Vietnam ICT Commercial Dialogue,
and to coordinate activities that could
be considered deliverables for the
Dialogue. Examples of issues that have
been covered so far include
advancement of telecom infrastructure,
protection of intellectual property rights
for software, and supporting electronic
commerce by developing legal
frameworks for data privacy.
DATES: November 12–13, 2008.
ADDRESSES: Inquiries about
participation in the Business Advisory
Group should be addressed to the
contact below, and received by close of
business on Monday, November 10,
2008.
Cora
Dickson, U.S. Department of Commerce,
Office of Technology and Electronic
Commerce, 1401 Constitution Avenue,
NW., Room 4327, Washington, DC
20230; Telephone: 202–482–6083; Fax:
202–482–5834; e-mail:
cora.dickson@mail.doc.gov.
FOR FURTHER INFORMATION CONTACT:
The
Business Advisory Group is expected to
have participants from U.S. and
Vietnamese companies or associations
and generally be responsible for
developing their own internal
communication and consultation
mechanisms, including informal
meetings. Participation in the Business
Advisory Group should be open to any
ICT companies and industry
associations who wish to contribute to
the Dialogue. However, due to space
constraints, only two representatives per
company and/or organization can attend
the upcoming Business Advisory Group
meeting, which will be hosted at the
Department of Commerce in
Washington on November 12 in
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Request for Public Comment
International Trade
Administration, Department of
Commerce.
ACTION: Notice of request for public
comment.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: The Department of
Commerce’s International Trade
Administration (ITA) is seeking U.S.
companies and industry associations in
the field of Information and
Communication Technologies (ICT) who
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18:04 Oct 17, 2008
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62255
preparation for the U.S.-Vietnam ICT
Commercial Dialogue Working Group
meeting on November 13.
Dated: October 14, 2008.
Robin Layton,
Director, Office of Technology and Electronic
Commerce.
[FR Doc. E8–24878 Filed 10–17–08; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Request for Public Comment
International Trade
Administration, Department of
Commerce.
ACTION: Notice of request for public
comment.
AGENCY:
SUMMARY: The Department of
Commerce’s International Trade
Administration (ITA) is seeking U.S.
academic institutions, training centers,
and other interested parties who would
like to organize joint activities with
their counterparts in Vietnam in the
field of Information and Communication
Technologies (ICT). In 2007, the ITA
launched the U.S.-Vietnam ICT
Commercial Dialogue with the Ministry
of Information and Communications
(MIC) in Vietnam to discuss various ICT
issues that have an impact on trade
between our two countries. The U.S.
and Vietnamese companies that
participated in the meeting
recommended the establishment of a
‘‘public/private partnership for the
development of human resources
through technical training programs.’’
Therefore MIC has proposed that an
Academic Advisory Group be created in
addition to a Business Advisory Group
under the Dialogue.
The objective of the Academic
Advisory Group would be to facilitate
an exchange of ideas on the best
curriculum to meet the needs of ICT
growth, and to increase opportunities
for Vietnamese citizens to study in the
ICT field in Vietnam through distance
learning mechanisms, or at United
States institutions.
The initial meeting of the Academic
Advisory Group, to be held via
videoconference, is tentatively
scheduled for November 12, 2008. A
representative of the group would make
a brief report at the ICT Dialogue
Working Group meeting on November
13 in Washington, DC. A follow-up
meeting is anticipated in January 2009
in Hanoi.
DATES: November 12–13, 2008.
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]]>Agencies
[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Notices]
[Pages 62252-62255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24912]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-827]
Sodium Metal from France: Notice of Final Determination of Sales
at Less Than Fair Value and Negative Critical Circumstances
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined
that sodium metal from France is being, or is likely to be, sold in the
United States at less than fair value (LTFV), as provided in section
735 of the Tariff Act
[[Page 62253]]
of 1930, as amended (the Act). The estimated margins of sales at LTFV
are listed below in the section entitled ``Continuation of Suspension
of Liquidation.''
EFFECTIVE DATE: October 20, 2008.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Joy Zhang, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-5973
or (202) 482-1168, respectively.
SUPPLEMENTARY INFORMATION: On May 28, 2008, the Department published in
the Federal Register its preliminary determination in the antidumping
duty investigation of sodium metal from France. See Sodium Metal from
France: Notice of Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 73 FR 30605 (May 28,
2008) (Preliminary Determination).
In the Preliminary Determination, based on our examination of E.I.
DuPont de Nemours & Co. Inc.'s (the petitioner) targeted dumping
allegation filed on April 21, 2008, we determined that there is no
pattern of constructed export prices for comparable merchandise that
differs significantly among purchasers. Therefore, we applied the
average-to-average methodology to all U.S. sales by MSSA S.A.S., MSSA
Co., and Columbia Sales International (collectively, MSSA). In the
Preliminary Determination, the Department invited comments regarding
the overall application of the targeted dumping test applied in this
proceeding. Accordingly, we received comments within the case briefs
submitted by the petitioner and MSSA on July 25, 2008. The petitioner
and MSSA submitted rebuttal comments on July 30, 2008.
We conducted sales and cost verifications of the responses
submitted by MSSA. See Memorandum to the File from Dennis McClure and
Joy Zhang, Case Analysts, through James Terpstra, Program Manager,
Office 3, entitled ``Verification of the Sales Response of MSSA S.A.S.,
MSSA Co., and Columbia Sales International in the Antidumping Duty
Investigation of Sodium Metal from France,'' dated July 18, 2008 (Sales
Verification Report); see also Memorandum to the File through Neal M.
Halper, from LaVonne Clark, entitled ``Verification of the Cost
Response of MSSA S.A.S. in the Antidumping Investigation of Sodium
Metal from France,'' dated July 1, 2008 (Cost Verification Report). All
verification reports are on file and available in the Central Records
Unit (CRU), Room 1117 of the main Department of Commerce building.
Based on the Department's findings at verification, as well as the
minor corrections presented by MSSA at the start of its respective
verifications, we requested during verification that respondents submit
revised sales databases. As requested, MSSA submitted its revised sales
databases at verification on July 16, 2008.
On September 15, 2008, the petitioner submitted an allegation of
critical circumstances. MSSA submitted comments responding to the
petitioner's allegation of critical circumstances on September 25,
2008.
Period of Investigation
The period of investigation (POI) is October 1, 2006, to September
30, 2007. This period corresponds to the four most recent fiscal
quarters prior to the month of the filing of the petition.
Scope of the Investigation
The merchandise covered by this investigation includes sodium metal
(Na), in any form and at any purity level. Examples of names commonly
used to reference sodium metal are sodium metal, sodium, metallic
sodium, and natrium. The merchandise subject to this investigation is
classified in the Harmonized Tariff Schedule of the United States
subheading 2805.11.0000. The American Chemical Society Chemical
Abstract Service (CAS) has assigned the name ``Sodium'' to sodium
metal. The CAS registry number is 7440-23-5. For purposes of the
investigation, the narrative description is dispositive, not the tariff
heading, CAS registry number or CAS name, which are provided for
convenience and customs purposes.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the ``Issues and
Decision Memorandum for the Antidumping Duty Investigation of Sodium
Metal from France'' from Stephen J. Claeys, Deputy Assistant Secretary
for Import Administration, to David M. Spooner, Assistant Secretary for
Import Administration (Decision Memorandum), dated October 10, 2008,
which is hereby adopted by this notice. A list of the issues which
parties have raised and to which we have responded, all of which are in
the Decision Memorandum, is attached to this notice as an appendix.
Parties can find a complete discussion of all issues raised in this
investigation and the corresponding recommendations in the Decision
Memorandum, which is on file in the CRU. In addition, a complete
version of the Decision Memorandum can be accessed directly on the Web
at https://ia.ita.doc.gov/frn/. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Targeted Dumping
In the Preliminary Determination, with respect to targeted dumping,
we followed the methodology outlined in the post-preliminary targeted
dumping analysis in the investigations of Certain Steel Nails from the
PRC and the UAE. See Memorandum to David M. Spooner, Assistant
Secretary for Import Administration, from Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, RE: Antidumping Duty
Investigation of Certain Steel Nails from the Peoples Republic of China
(PRC) and the United Arab Emirates (UAE), Subject: Post-Preliminary
Determinations on Targeted Dumping, dated April 21, 2008 (April 21,
2008 Nails decision memorandum).\1\ Based on the targeted dumping test
that we applied in the Preliminary Determination, we did not find a
pattern of constructed export prices for comparable merchandise that
differ significantly among customers.\2\ As a result, we applied the
average-to-average methodology to the constructed export prices of all
of MSSA's sales to the United States during the POI and calculated a
preliminary margin of 62.62 percent for MSSA.\3\
---------------------------------------------------------------------------
\1\ See Preliminary Determination at 30606.
\2\ Id. at 30607.
\3\ Id. at 30609.
---------------------------------------------------------------------------
In the Preliminary Determination, the Department applied the Nails
targeted dumping test based on the methodology outlined in the April
21, 2008 Nails decision memorandum and found no targeted dumping. We
have analyzed the case and rebuttal briefs\4\ with respect to targeted
dumping issues submitted for the record in this investigation and
considered the changes made to the targeted dumping test applied in the
final determinations of UAE and PRC Nails and PRC Tires.\5\
[[Page 62254]]
As a result of our analysis, we utilized the Nails targeted dumping
test from the Preliminary Determination and applied certain
modifications from Nails and PRC Tires for purposes of the final
determination.\6\
---------------------------------------------------------------------------
\4\ See the petitioner's case brief, dated July 25, 2008; see
also; MSSA's rebuttal brief, dated July 30, 2008, respectively.
\5\ See Certain Steel Nails from the United Arab Emirates:
Notice of Final Determination of Sales at Not Less Than Fair Value,
73 FR 33985 (June 16, 2008) and accompanying Issues and Decision
Memorandum (Steel Nails from the UAE) dated June 6, 2008, at Comment
5; see also; Certain Steel Nails from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value and
Partial Affirmative Determination of Critical Circumstances, 73 FR
33977 (June 16, 2008) and accompanying Issues and Decision
Memorandum (Steel Nails from the PRC) dated June 6, 2008, at
Comments 3, 5, and 9 (collectively, Nails); see also; Certain New
Pneumatic Off-The-Road Tires from the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value and
Partial Affirmative Determination of Critical Circumstances, 73 FR
40480 (July 15, 2008) and accompanying Issues and Decision
Memorandum (PRC Tires) dated July 7, 2008, at Comments 23. B and
23.G.
\6\ Id.
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As in the Preliminary Determination, we did not find a pattern of
export prices for comparable merchandise that differ significantly
among customers. For further discussion, see Comments 2 and 3 of the
Decision Memorandum and the Memorandum to James Terpstra, Program
Manager for the Office of AD/CVD Operations, from Dennis McClure and
Joy Zhang, Analysts for the Office of AD/CVD Operations, RE:
Antidumping Duty Investigation of Sodium Metal from France, Subject:
Final Analysis Memorandum for Sales MSSA, dated October 10, 2008 (Final
Analysis Memorandum).
Critical Circumstances
On September 15, 2008, the petitioner filed a critical
circumstances allegation with respect to imports of sodium metal from
France. On September 25, 2008, MSSA submitted comments and monthly
shipment data in response to the petitioner's allegation. Although the
Department found that in accordance with section 735(a)(3)(A)(ii) of
the Act, the person by whom, or for whose account, the merchandise was
imported knew or should have known that the exporter was selling the
subject merchandise at less than its fair value and there was likely to
be material injury of such sales, the Department has made a final
negative determination concerning critical circumstances for MSSA and
all other French manufacturers and exporters because, in accordance
with section 735(a)(3)(B) of the Act, and based on MSSA's shipment
data, MSSA and all other companies did not have massive imports during
a relatively short period. See Memorandum to Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, from Melissa Skinner,
Director, AD/CVD Operations, Subject: Antidumping Duty Investigation of
Sodium Metal from France, Regarding: Final Negative Determination of
Critical Circumstances, dated October 10, 2008, which is hereby adopted
by this notice.
Verification
As provided in section 782(i) of the Act, we verified the sales and
cost information submitted by MSSA for use in our final determination.
We used standard verification procedures including an examination of
relevant accounting and production records, and original source
documents provided by MSSA. See Sales Verification Report and Cost
Verification Report.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we have made certain changes to the margin calculation
for MSSA. For a discussion of these changes, see the Decision
Memorandum at Comments 6, 8, 10, and 11, Final Analysis Memorandum, and
Memorandum to Neal M. Halper, Director, Office of Accounting, from
LaVonne Clark, Senior Accountant, Reference: Antidumping Duty
Investigation of Sodium Metal from France, Subject: Cost of Production
and Constructed Value Calculation Adjustments for the Final
Determination MSSA S.A.S., MSSA Co., and Columbia Sales International,
Inc. (collectively ``MSSA''), dated October 10, 2008.
Final Determination Margins
We determine that the following weighted-average dumping margin
exists for the period October 1, 2006, to September 30, 2007:
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
MSSA S.A.S.......................................... 66.64
All Others.......................................... 66.64
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we will instruct
Customs and Border Protection (CBP) to continue to suspend liquidation
of all entries of subject merchandise from France, entered, or
withdrawn from warehouse, for consumption on or after May 28, 2008, the
date of publication of the Preliminary Determination. We will instruct
CBP to require a cash deposit or the posting of a bond equal to the
weighted-average dumping margin, as indicated in the chart above, as
follows: (1) the rate for MSSA S.A.S. will be 66.64 percent; (2) if the
exporter is not a firm identified in this investigation, but the
producer is, the rate will be the rate established for the producer of
the subject merchandise; (3) the rate for all other producers or
exporters will be 66.64 percent. The suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative and in accordance with section
735(b)(2) of the Act, the ITC will determine, within 45 days, whether
the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated and all securities posted
will be refunded or canceled. See section 735(c)(2) of the Act. If the
ITC determines that such injury does exist, the Department will issue
an antidumping duty order directing CBP to assess antidumping duties on
all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding APO
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
[[Page 62255]]
Dated: October 10, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix -- Issues in Decision Memorandum
ISSUES
Comment 1: Whether the Department Should Include ``Form'' As Part of
Model Match Criteria
Comment 2: Whether the Department Should Calculate the Antidumping Duty
Margin using the Transaction-to-Transaction Methodology
Comment 3: Whether the Department's Targeted Dumping Test is Flawed and
Should be Replaced with the ``preponderance at two percent test'' (P/2
test)
Comment 4: Whether the Department Should Alter Its Level of Trade
Analysis
Comment 5: Whether the Department Should Calculate Certain Home Market
Packing Expenses Based on Facts Available
Comment 6: Whether the Department Should Re-allocate Indirect Selling
Expenses Based on Sales Value
Comment 7: Whether the Department Should Deduct Freight from Transfer
Price Before Calculating Domestic Indirect Selling Expenses
Comment 8: Whether the Department Should Correct MSSA Co.'s Inventory
Carrying Costs in the United States
Comment 9: Whether the Department Incorrectly Characterized MSSA Co.'s
Quantity and Value Reconciliation
Comment 10: Whether the Department Correctly Calculated Indirect
Selling Expenses Incurred in the Home Market for Purposes of the CEP
Deduction
Comment 11: Whether the Department Should Consider Certain Expenses
Reported as Indirect Selling Expenses as Direct Deductions from the
U.S. Price
[FR Doc. E8-24912 Filed 10-17-08; 8:45 am]
BILLING CODE 3510-DS-S
