[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Notices]
[Pages 62823-62824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29891]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-580-008]
Color Television Receivers From the Republic of Korea; Amended
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative review.
-----------------------------------------------------------------------
SUMMARY: On November 14, 1986, the Department of Commerce (the
Department) published the final results of the second administrative
review of the antidumping duty order on color television receivers
(CTVs) from the Republic of Korea (Korea) (51 FR 41365). The review
covered the period April 25, 1984, through March 31, 1985. On September
16, 1994, the Court of International Trade (CIT) issued an
[[Page 62824]]
order (Slip Op. 94-144) remanding to the Department the final results
of the second administrative review of Samsung Electronics Co., Ltd.
(Samsung). On March 15, 1995, the CIT affirmed the Department's
redetermination (Slip Op. 95-45). Since the CIT's ruling was not
appealed, and the CIT's decision affirming our redetermination has
therefore become final and conclusive, we are amending our final
results of the second administrative review of the antidumping duty
order on CTVs from Korea with respect to Samsung.
EFFECTIVE DATE: December 7, 1995.
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, N.W., Washington, D.C. 20230; telephone: (202)
482-5253.
SUPPLEMENTARY INFORMATION:
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 25, 1984 through March 31, 1985.
Amended Final Results of Review
The CIT ordered the Department to: (1) Recalculate the value-added
tax (VAT) adjustment according to its new methodology, (2) determine
whether certain sales qualify as purchase price or exporter's sale
price (ESP) transactions, and (3) adjust ESP for commissions and
indirect selling expenses. As to Samsung's claimed circumstance-of-sale
(COS) adjustments to foreign market value (FMV), the Department was
directed to: (1) re-classify SYPM credit rebates and volume rebates as
direct selling expenses, and (2) reconsider the classification of
replacement parts and forwarding charges. The CIT also instructed the
Department to correct clerical errors in its computer program. As a
result of our recalculations, we have determined that the following
percentage weighted-average margin exists for the period April 25, 1984
through March 31, 1985:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
------------------------------------------------------------------------
Samsung..................................................... 1.18
------------------------------------------------------------------------
Because the CIT's decision affirming our redetermination has become
final and conclusive, the Department will order the immediate lifting
of the suspension of liquidation and instruct the U.S. Customs Service
to assess antidumping duties on entries subject to this review, as
appropriate. Individual differences between foreign market value and
U.S. price may vary from the percentage stated above. The Department
will issue appraisement instructions concerning these entries directly
to the U.S. Customs Service.
This notice serves as a 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 the 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 amendment of final results of review and notice are in
accordance with section 751(f) of the Tariff Act (19 U.S.C.
1673(d)(1994)) and 19 CFR 353.28(c).
Dated: November 21, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-29891 Filed 12-6-95; 8:45 am]
BILLING CODE 3510-DS-P