97-28308. Notice of Antidumping Duty Order in the Antidumping Investigation of Vector Supercomputers From Japan

[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Notices]
[Pages 55392-55393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28308]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-588-841]


Notice of Antidumping Duty Order in the Antidumping Investigation 
of Vector Supercomputers From Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

EFFECTIVE DATE: October 24, 1997.

FOR FURTHER INFORMATION CONTACT: Edward Easton at [phone] or 
Sunkyu Kim at [phone], Office of Antidumping/Countervailing Duty 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 by the Uruguay 
Round Agreements Act (URAA).

Scope of Order

    The scope of this order consists of all vector supercomputers, 
whether new or used, and whether in assembled or unassembled form, as 
well as vector supercomputer spare parts, repair parts, upgrades, and 
system software, shipped to fulfill the requirements of a contract 
entered into on or after October 16, 1997, for the sale and, if 
included, maintenance of a vector supercomputer. A vector supercomputer 
is any computer with a vector hardware unit as an integral part of its 
central processing unit boards.
    In general, the vector supercomputers imported from Japan, whether 
assembled or unassembled, covered by this order are classifiable under 
heading 8471 of the Harmonized Tariff Schedules of the United States 
(``HTS''). Merchandise properly classified under HTS numbers 8471.10 
and 8471.30, however, is excluded from the scope of this order. 
Although, these references to the HTS are provided for convenience and 
customs purposes, our written description of the scope of this order is 
dispositive.
    On October 15, 1997, Fujitsu Limited and Fujitsu America, Inc., 
respondents in the antidumping proceeding, requested that the 
Department adjust the scope of this order to provide that it applied to 
entries pursuant to a contract entered into on or after the publication 
of the final affirmative determination of the U.S. International Trade 
Commission in the Federal Register. On October 16, 1997, Cray Research, 
Inc., the petitioner in the proceeding, wrote the Department to 
acquiesce in Fujitsu's request. Therefore, the Department has amended 
the scope language to clarify that merchandise imported pursuant to 
contracts for vector supercomputer systems entered into prior to 
October 16, 1997, are outside the scope of this order. Petitioner also 
requested clarification as to whether the exercise of an option in a 
contract entered into prior to October 16, 1997, constitutes a new 
contract entered into on the day the option is exercised. Should the 
petitioner bring the exercise of such an option to the Department's 
attention in the form of a request for a ruling on the scope of this 
order pursuant to 19 CFR 351.225(c), the Department will either issue a 
final ruling under paragraph (d) of that section or will initiate a 
scope inquiry under paragraph (e).

Antidumping Duty Order

    On October 7, 1997, in accordance with section 735(d) of the Act, 
the U.S. International Trade Commission (ITC) notified the Department 
that imports of vector supercomputers from Japan threaten material 
injury to the U.S. industry. The ITC did not determine that but for the 
suspension of liquidation of entries of vector supercomputers from 
Japan, the domestic industry would have been materially injured. 
Accordingly, the

[[Page 55393]]

Department will direct United States Customs officers to terminate 
suspension of liquidation and release any cash deposit, bond or other 
security for vector supercomputers from Japan on shipments entered, or 
withdrawn from warehouse, for consumption prior to October 16, 1997, 
the date of the publication of the ITC's final determination in the 
Federal Register. Effective on the publication date of this notice in 
the Federal Register, the U.S. Customs Service must require the 
following cash deposits for the subject merchandise:

------------------------------------------------------------------------
                                                                 Margin 
               Manufacturer/producer/exporter                 percentage
                                                                 rate   
------------------------------------------------------------------------
Fujitsu Ltd.................................................     173.08 
NEC Corp....................................................     454.00 
All Others..................................................     313.54 
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
vector supercomputers from Japan, pursuant to section 736 (a) of the 
Act. Interested parties may contact the Central Records Unit, Room B-
099 of the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published pursuant to section 736 (a) of the Act (19 
USC 1673e (a)) and 19 CFR 353.21.

    Dated: October 20, 1997.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 97-28308 Filed 10-23-97; 8:45 am]
BILLING CODE 3510-DS-P