[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Notices]
[Pages 56512-56513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28118]
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DEPARTMENT OF COMMERCE
[A-588-005]
High Power Microwave Amplifiers and Components Thereof From
Japan: Initiation and Preliminary Results of Changed Circumstances
Antidumping Duty Administrative Review, and Intent To Revoke Order in
Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed
circumstances antidumping duty administrative review, and intent to
revoke order in part.
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SUMMARY: In response to a request by NEC Corporation and NEC America,
Inc., the Department of Commerce (the Department) is initiating a
changed circumstances antidumping duty administrative review and
issuing an intent to revoke in part the antidumping duty order on high
power microwave amplifiers (HPMAs) and components thereof from Japan.
NEC requested that the Department revoke the order in part with regard
to imports of traveling wave tubes (TWTs) and klystron tubes, two
components of HPMAs. Based on the fact that MCL Inc., a domestic
producer of HPMAs and petitioner in the less-than-fair-value (LTFV)
investigation, supports NEC's request for a changed circumstances
review and revocation in part of the order with regard to TWTs and
Klystron tubes, we are initiating this review and we preliminarily
determine to revoke the order in part with regard to this merchandise.
EFFECTIVE DATE: November 1, 1996.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Kris Campbell,
Office of AD/CVD Enforcement, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution
[[Page 56513]]
Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-3477/4733.
SUPPLEMENTARY INFORMATION:
Background
On June 28, 1996, NEC requested that the Department conduct a
changed circumstances administrative review to determine whether to
revoke the order partially with regard to TWTs and Klystron tubes, two
components of HPMAs, covered by the order. NEC stated that lack of
interest in the continued application order to TWTs and Klystron tubes
is a sufficient changed circumstance to merit revocation under 19 CFR
353.25(d). NEC stated further that the support of the domestic industry
for such partial revocation makes it appropriate for the Department to
initiate and complete the review on a expedited basis pursuant to 19
CFR 353.22(f)(4).
On August 26, 1996, counsel for MCL, Inc., submitted a letter from
MCL to the Department supporting NEC's request for review and partial
revocation of the order. NEC stated that as a domestic producer of
HPMAs it ``has no further interest in the continued application of the
order on TWTs and Klystron tubes.'' However, MCL indicated that it ``is
still interested in the continued application of the antidumping duty
order to HPMAs and all parts thereof, other than TWTs and Klystron
tubes.'' The order with regard to imports of HPMAs and other parts/
components of HPMAs is not affected by this request, this changed
circumstances review, or this revocation in part.
The Applicable Statute
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 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
Scope of Review
The products covered by this changed circumstances review are
imports of TWTs and Klystron tubes, which are components of HPMAs.
The products covered by the order are high power microwave
amplifiers and components thereof. High power microwave amplifiers are
radio-frequency power amplifier assemblies, and components thereof,
specifically designed for uplink transmission in C, X, and Ku bands
from Fixed earth stations to communications satellites and having a
power output of one kilowatt or more. High power microwave amplifiers
may be imported in subassembly form, as complete amplifiers, or as a
component of higher level assemblies (generally Earth stations). This
merchandise is currently classifiable under item 8525.10.80 of the
Harmonized Tariff Schedule (HTS). The HTS item number is provided for
convenience and customs purposes. The written description remains
dispositive.
Initiation and Preliminary Results of Changed Circumstances Antidumping
Duty Administrative Review, and Intent To Revoke Order in Part
Pursuant to section 751(d)(1) of the Act, the Department may
partially revoke an antidumping duty order based on a review under
section 751(b) of the Act (i.e., a changed circumstances review).
Section 751(b)(1) of the Act requires a changed circumstances
administrative review to be conducted upon receipt of a request
containing information concerning changed circumstances sufficient to
warrant a review.
The Department's regulations at 19 CFR 353.25(d)(2) provide that
the Department will conduct a changed circumstances administrative
review under 19 CFR 353.22(f) based upon an affirmative statement of no
interest from the petitioner in the proceeding (i.e., such a statement
constitutes ``changed circumstances sufficient to warrant a review'').
Section 782(h) of the Act and 19 CFR 353.25(d)(1)(i) further provide
that the Department may revoke an order or revoke an order in part if
it determines that the order under review is no longer of interest to
domestic interested parties. In addition, in the event that the
Department concludes that expedited action is warranted, 19 CFR
353.22(f)(4) permits the Department to combine the notices of
initiation and preliminary results.
Therefore, in accordance with sections 751(d) and 782(h) of the Act
and 19 CFR 353.25(d) and 353.22(f), based on MCL's affirmative
statement of no interest in the continued application of the order to
TWTs and klystron tubes, we are initiating this changed circumstances
administrative review. Based on the fact that no other domestic
interested parties have objected to the position taken by petitioner
that it has no further interest in the order regarding TWTs and
Klystron tubes from Japan, we have determined that expedited action is
warranted, and we are combining these notices of initiation and
preliminary results. We have preliminarily determined that there are
changed circumstances sufficient to warrant partial revocation of the
order on HPMAs from Japan. Therefore, we are hereby notifying the
public of our intent to revoke in part the antidumping duty order as it
relates to imports of TWTs and Klystron tubes from Japan.
If final revocation in part occurs, we intend to instruct the U.S.
Customs Service (Customs) to liquidate without regard to antidumping
duties and to refund any estimated antidumping duties collected for all
unliquidated entries of TWTs and Klystron tubes from Japan on or after
July 1, 1996, in accordance with 19 CFR 353.25(d)(5). We will also
instruct Customs to refund interest for those entries, in accordance
with section 778 of the Act. The current requirement for a cash deposit
of estimated antidumping duties will continue until publication of the
final results of this changed circumstances review.
Public Comment
Any interested party may request a hearing within 10 days of
publication of this notice. Any hearing, if requested, will be held no
later than 28 days after the date of publication of this notice, or the
first workday thereafter. Case briefs and/or written comments from
interested parties may be submitted not later than 14 days after the
date of publication of this notice. Rebuttal briefs and rebuttals to
written comments, limited to the issues raised in those comments, may
be filed not later than 21 days after the date of publication of this
notice. All written comments shall be submitted in accordance with 19
CFR 353.31(e) and shall be served on all interested parties on the
Department's service list in accordance with 19 CFR 353.31(g). Persons
interested in attending the hearing, if one is requested, should
contact the Department for the date and time of the hearing. The
Department will publish the final results of this changed circumstances
review, including the results of its analysis of issues raised in any
written comments.
This notice is in accordance with sections 751(b)(1) and 782(h) of
the Act and sections 353.22(f) and 353.25(d) of the Department's
regulations.
Dated: October 24, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-28118 Filed 10-31-96; 8:45 am]
BILLING CODE 3510-DS-P
