[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25784]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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DEPARTMENT OF COMMERCE
[A-588-813]
Light-Scattering Instruments and Parts Thereof from Japan;
Preliminary Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of Antidumping Duty
Administrative Review.
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SUMMARY: In response to a request by the petitioner, Wyatt Technology
Corporation (Wyatt), the Department of Commerce (the Department) is
conducting the third administrative review of the antidumping duty
order on light-scattering instruments (LSIs) and parts thereof from
Japan. The review covers one manufacturer/exporter, Otsuka Electronics
Co., Ltd. (Otsuka), and entries of the subject merchandise into the
United States during the period November 1, 1992 through October 31,
1993.
We have preliminarily determined, using the best information
available (BIA), that dumping margins exist with respect to Otsuka.
Interested parties are invited to comment on these preliminary results.
EFFECTIVE DATE: October 18, 1994.
FOR FURTHER INFORMATION CONTACT: Nooshen Amiri, or Maureen Flannery,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)
482-4733.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 1990, the Department published in the Federal
Register an antidumping duty order on LSIs and parts thereof from Japan
(55 FR 48144). On November 9, 1993, the petitioner, Wyatt, requested
that we conduct an administrative review in accordance with section
353.22(a) of the Department's regulations (19 CFR 353.22(a)). We
initiated the review covering the period November 1, 1992 through
October 31, 1993 (58 FR 65964, December 17, 1993). The Department has
now conducted the review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
Scope of the Review
This review covers imports of LSIs and parts thereof from Japan.
The Department defines such merchandise as LSIs and the parts thereof,
specified below, that have classical measurement capabilities, whether
or not also capable of dynamic measurement. Classical measurement (also
known as static measurement) capability usually means the ability to
measure absolutely (i.e., without reference to molecular standards) the
weight and size of macromolecules and submicron particles in solution,
as well as certain molecular interaction parameters, such as the so-
called second viral coefficient. (An instrument that uses single-angle
instead of multi-angle measurement can only measure molecular weight
and the second viral coefficient.) Dynamic measurement (also known as
quasi-elastic measurement) capability refers to the ability to measure
the diffusion coefficient of molecules or particles in suspension and
deduce therefrom features of their size and size distribution. LSIs
subject to this review employ laser light and may use either a single-
angle or multi-angle technique.
The following parts are included in the scope of this
administrative review when they are manufactured according to
specifications and operational requirements for use only in an LSI as
defined in the preceding paragraph: scanning photomultiplier
assemblies, immersion baths (to provide temperature stability and/or
refractive index matching), sample-containing structures, electronic
signal-processing boards, molecular characterization software,
preamplifier/discriminator circuitry, and optical benches. LSIs subject
to this review may be sold inclusive or exclusive of accessories such
as personal computers, cathode ray tube displays, software, or
printers. LSIs are currently classifiable under Harmonized Tariff
Schedule (HTS) subheading 9027.30.40. LSI parts are currently
classifiable under HTS subheading 9027.90.40. HTS subheadings are
provided for convenience and customs purposes. The written product
description remains dispositive. Different items with the same name as
subject parts may enter under subheading 9027.90.40. To avoid the
unintended suspension of liquidation of non-subject parts, those items
entered under subheading 9027.90.40 and generally known as scanning
photomultiplier assemblies, immersion baths, sample-containing
structures, electronic signal-processing boards, molecular
characterization software, preamplifier/discriminator circuitry, and
optical benches must be accompanied by an importer's declaration to the
Customs Service stating that they are not manufactured for use in a
subject LSI.
This review covers entries of the subject merchandise manufactured
by Otsuka and entered during the period November 1, 1992 through
October 31, 1993.
Preliminary Results of Review
On June 14, 1994, Otsuka informed the Department that it had
decided not to respond to the Department's supplemental questionnaire,
and not to allow verification of its previously submitted questionnaire
response. The Department, therefore, determines that Otsuka is an
uncooperative respondent. As a result, in accordance with section
776(c) of the Act, we have determined that the use of BIA is
appropriate. Whenever, as here, a company refuses to cooperate with the
Department, or otherwise significantly impedes an antidumping
proceeding, we use as BIA the higher of (1) the highest of the rates
found for any firm for the same class or kind of merchandise in the
less-than-fair-value (LTFV) investigation or prior administrative
reviews; or (2) the highest rate found in this review for any firm for
the same class or kind of merchandise. (See Antifriction Bearings from
France, et. al; Final Results of Review, 58 FR 39729 (July 26, 1993).)
As BIA, we assigned the rate of 129.71 percent, which is the highest
rate for any company from both the prior review and the LTFV
investigation. Consequently, we preliminarily determine that the
following dumping margin exists for the period November 1, 1992 through
October 31, 1993:
------------------------------------------------------------------------
Manufacturer/exporter Period of review Margin
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Otsuka Electronics, Ltd.................. 11/01/92-10/31/93 129.71
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Any interested party may request a hearing within 10 days of
publication of this notice. Any hearing will be held 44 days after the
date of publication of this notice, or the first workday thereafter.
Interested parties may submit case briefs within 30 days of the
publication date of this notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than 37 days after
the date of publication. The Department will publish a notice of the
final results of this administrative review, which will include the
result of its analysis of issues raised in any such case briefs or
hearing.
The following deposit requirements shall be effective for all
shipments of the subject merchandise that are 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 Act: (1) The cash deposit rates for the reviewed company shall
be those rates established in the final results of this review; (2) for
previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original LTFV
investigation, but the manufacturer is, the cash deposit rate shall be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) if neither the exporter nor the manufacturer
is a firm covered in this or any previous review by the Department, the
cash deposit rate will be 129.71%, the all other rate established in
the LTFV investigation.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 353.26 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 will result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.
Dated: October 7, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-25784 Filed 10-17-94; 8:45 am]
BILLING CODE 3510-DS-P
