[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31635]
[[Page Unknown]]
[Federal Register: December 23, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-008]
Color Television Receivers From the Republic of Korea;
Preliminary Results of Antidumping Duty Administrative Review and
Partial Termination of Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of Antidumping Duty
Administrative Review and Partial Termination of Administrative Review.
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SUMMARY: In response to a request from petitioners, the Department of
Commerce (the Department) has conducted an administrative review of the
antidumping duty order on color television receivers (CTVs) from the
Republic of Korea. The review covers four manufacturers/exporters of
the subject merchandise and the period April 1, 1993, through March 31,
1994. Based on petitioners' withdrawal of requests for review, the
Department previously terminated the review of one manufacturer/
exporter and is now terminating the review of two additional
manufacturers/exporters.
We have preliminarily determined that one of the four
manufacturers/exporters being reviewed made no shipments of subject
merchandise to the United States during the period of review. The
remaining three manufacturers/exporters failed to respond to our
request for information. If these preliminary results are adopted in
our final results of administrative review, we will instruct the U.S.
Customs Service to assess antidumping duties equal to the amounts
established in these preliminary results.
Interested parties are invited to comment on these preliminary
results.
EFFECTIVE DATE: December 23, 1994.
FOR FURTHER INFORMATION CONTACT: Joseph Hanley or Zev Primor, Office of
Antidumping Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5253.
SUPPLEMENTARY INFORMATION:
Background
On April 30, 1984, the Department published in the Federal Register
(49 FR 18336) the antidumping duty order on CTVs from the Republic of
Korea. On April 7, 1994, the Department published (59 FR 16615) a
notice of ``Opportunity to Request an Administrative Review'' of this
antidumping duty order for the period April 1, 1993, through March 31,
1994 (eleventh review). We received a timely request for review from
the United Electronic Workers of America, Independent (formerly the
Independent Radionic Workers of America), the International Brotherhood
of Electrical Workers, the International Union of Electronic,
Electrical, Salaried, Machine and Furniture Workers, AFL-CIO, and the
Industrial Union Department, AFL-CIO, petitioners in this proceeding.
On May 12, 1994, the Department published a notice of initiation (59 FR
24683) covering the following seven manufacturers/exporters: Samsung
Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung
International, Inc. (Samsung), Cosmos Electronics Manufacturing, Ltd.,
Quantronics Manufacturing, Ltd., Tongkook General Electronics, Inc.,
Daewoo Electronics Co., Ltd., and Daewoo Electronics Corp. of America,
Inc. (Daewoo), Goldstar Electronics International, Inc., Goldstar Co.,
Ltd., and Goldstar of America, Inc. (Goldstar), and Samwon Electronics,
Ltd. On May 23, 1994, petitioners submitted a timely withdrawal of
their request for review of Goldstar. The Department terminated the
review of Goldstar on June 29, 1994 (59 FR 33486). On June 29, and
August 22, 1994, petitioners submitted additional requests to terminate
the reviews of Daewoo and Samwon, respectively. Section 353.22(a)(5) of
our regulations states that ``[t]he Secretary may permit a party that
requests a review under paragraph (a) of this section to withdraw the
request not later than 90 days after the date of publication of notice
of initiation of the requested review. The Secretary may extend this
time limit if the Secretary decides that it is reasonable to do so.''
Since petitioners' request to terminate the review of Daewoo was
submitted within the 90-day period, and no other interested party
requested a review of this company, we are terminating this review.
While petitioners' request to terminate the review of Samwon was not
submitted within the 90-day time limit cited above, because no
significant work had yet been done at the time of the request to
withdraw, withdrawal does not unfairly burden the Department or other
interested parties. Therefore, we have determined that it is reasonable
to extend the time limit and terminate this review also. The Department
has conducted this review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Tariff Act).
Scope of the Review
Imports covered by this review include CTVs, complete and
incomplete, from the Republic of Korea. This merchandise is currently
classified under item numbers 8528.10.80, 8529.90.15, 8529.90.20, and
8540.11.00 of the Harmonized Tariff Schedule (HTS). Since the order
covers all CTVs regardless of HTS classification, the HTS subheading is
provided for convenience and for the U.S. Customs Service purposes. Our
written description of the scope of the order remains dispositive. The
period of review is April 1, 1993 through March 31, 1994.
Preliminary Results of Review
Samsung reported, and the Department verified through the U.S.
Customs Service, that Samsung made no shipments of subject merchandise
to the United States during the period of review. Therefore, we
preliminarily determine to maintain Samsung's current cash deposit
rate. This rate is zero percent because the margin assigned to Samsung
in the most recent final results of review (0.37 percent) was a de
minimis rate.
Since Cosmos, Quatronics, and Tongkook failed to respond to our
questionnaire, we have preliminarily determined that, in accordance
with section 776(c) of the Tariff Act, the use of best information
available (BIA) is appropriate. Our regulations provide that we may
consider whether a party refuses to provide information in determining
what is the best information available (19 CFR 353.37(b)). Standard
Department practice dictates that when a company fails to provide the
information requested in a timely manner, the Department considers the
company uncooperative and generally assigns that company the higher of
(a) the highest rate assigned to any company in any previous review or
the less-than-fair-value investigation (LTFV), or (b) the highest rate
for a responding company with shipments during the period of review.
See Final Results of Antidumping Duty Administrative Review,
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts
Thereof From the Federal Republic of Germany, et al., 56 FR 31692 (July
11, 1994). See also Allied-Signal Aerospace Co. v. United States, 996
F. 2nd 1195, 1191-92 (Fed. Cir. 1993), Krupp Stahl AG et al v. United
States, 822 F. Supp. 789 (CIT May 26, 1993). Therefore, we have used
the highest rate from the LTFV investigation, which was 16.57 percent,
in determining the margins for these three companies for this review.
We preliminarily determine that the following margins exist for the
period April 1, 1993 through March 31, 1994:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
------------------------------------------------------------------------
Samsung.................................................... 0.37\1\
Cosmos..................................................... 16.57
Quantronics................................................ 16.57
Tongkook................................................... 16.57
------------------------------------------------------------------------
\1\No shipments; rate from last review in which there were shipments.
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Upon completion
of the review the Department will issue appraisement instructions on
each exporter directly to the U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
for all shipments of CTVs 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
Tariff Act: (1) The cash deposit rates for the reviewed companies will
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 will 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 conducted by the
Department, the cash deposit rates will be 13.90 percent, ``all
others'' rate established in the LTFV investigation (49 FR 18336).
These deposit requirements will remain in effect until publication of
the final results of the next administrative review.
Interested parties may request disclosure within five days of the
date of publication of this notice, and may request a hearing within 10
days of the date of publication. Any hearing, if requested, will be
held as early as convenient for the parties but not later than 44 days
after the date of publication or the first work day thereafter. Case
briefs or other written comments from interested parties may be
submitted not later than 30 days after the date of publication of this
notice. Rebuttal briefs and rebuttal comments, limited to issues in the
case briefs, may be filed not later than 37 days after the date of
publication. The Department will publish the final results of this
administrative review, including the results of its analysis of issues
raised in any such written comments.
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 could 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 Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR
353.22.
Dated: December 16, 1994.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 94-31635 Filed 12-22-94; 8:45 am]
BILLING CODE 3510-DS-P
