Barcode : 4259556-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
proforma invoice prepared earlier at the completion of production . 62 Consistent with the Final Determination , we have preliminarily used the shipment date as the date of sale for PESL ’ s U . S . sales . 63
B .
Comparison to Normal Value
Pursuant to section 773 ( a ) of the Act and 19 CFR 351.414 ( c )( 1 ) and ( d ), to determine whether PESL ’ s sales of QSP from India to the United States were made at less than NV , Commerce compared the export price ( EP ) to the NV as described in the “ Export Price ” and “ Normal Value ” section of this memorandum .
1 . Determination of Comparison Method
Pursuant to 19 CFR 351.414 ( c )( 1 ), Commerce calculates weighted-average dumping margins by comparing weighted-average NV to weighted-average EP or constructed export price ( CEP ) ( i . e ., the average-to-average method ) unless the Secretary determines that another method is appropriate . In an LTFV investigation , Commerce examines whether to compare weightedaverage NVs with EPs or CEPs of individual sales ( i . e ., the average-to-transaction method ) as an alternative comparison method using an analysis consistent with section 777A ( d )( 1 )( B ) of the Act . Although section 777A ( d )( 1 )( B ) of the Act does not strictly govern Commerce ’ s examination of this question in the context of an administrative review , Commerce nevertheless finds that the issue arising under 19 CFR 351.414 ( c )( 1 ) in administrative reviews is , in fact , analogous to the issue in an LTFV investigation . 64
In numerous investigations and reviews , Commerce has applied a “ differential pricing ” analysis for determining whether application of the average-to-transaction method is appropriate in a particular situation pursuant to 19 CFR 315.414 ( c )( 1 ) and section 777A ( d )( 1 )( B ) of the Act . 65 Commerce finds that the differential pricing analysis is instructive for purposes of examining whether to apply an alternative comparison method in this administrative review . 66 Commerce will continue to evaluate its approach in this area based on comments received in this review and the application of the differential pricing analysis on a case-by-case , and on Commerce ’ s additional experience with addressing the potential masking of dumping that can occur when Commerce uses the average-to-average method in calculating a respondent ’ s weighted-average dumping margin .
62
See PESL ’ s AQR at A-22 .
63
See Final Determination IDM at Comment 1 .
64
See Ball Bearings and Parts Thereof from France , Germany , and Italy : Final Results of Antidumping Duty Administrative Reviews : 2010-2011 , 77 FR 73415 ( December 10 , 2012 ), and accompanying IDM , at Comment 1 ; see also Apex Frozen Foods Private Ltd . v . United States , 37 F . Supp . 3d 1286 ( CIT 2014 ), aff ’ d 862 F . 3d 1322 ( Fed . Cir . 2017 ) ( Apex ).
65
See , e . g ., Xanthan Gum from the People ’ s Republic of China : Final Determination of Sales at Less Than Fair Value , 78 FR 33351 ( June 4 , 2013 ); see also Steel Concrete Reinforcing Bar from Mexico : Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances , 79 FR 54967 ( September 15 , 2014 ); and Welded Line Pipe from the Republic of Turkey Final Determination of Sales at Less Than Fair Value , 80 FR 61362 ( October 13 , 2015 ).
66
The differential pricing analysis used in these preliminary results was affirmed by the CAFC as in accordance with law in Apex .
13 Filed By : Kyle Clahane , Filed Date : 7 / 1 / 22 2:00 PM , Submission Status : Approved