[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Notices]
[Pages 62824-62825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29892]
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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.
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SUMMARY: On June 27, 1990, the Department of Commerce (the Department)
published the final results of the fourth administrative review of the
antidumping duty order on color television receivers (CTVs) from the
Republic of Korea (Korea) (55 FR 26225). The review covered the period
April 1, 1986, through March 31, 1987. On September 21, 1994, the Court
of International Trade (CIT) remanded to the Department for
redetermination the final results of the fourth administrative review
of Samsung Electronics Co., Ltd. (Samsung) (Slip Op. 94-148). On
January 30, 1995, the Department submitted to the CIT the final results
of redetermination. On March 15, 1995, the CIT issued a second order
(Slip Op. 95-46) remanding to the Department the January 30, 1995,
final results of redetermination. On April 14, 1995, the Department
submitted a second final results of redetermination to the CIT. On May
31, 1995, the CIT affirmed the Department's second redetermination
(Slip Op. 95-100). 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 fourth
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 1, 1986 through March 31, 1987.
Amended Final Results of Review
On September 21, 1994, the CIT ordered the Department to: (1)
Recalculate the value-added tax (VAT) adjustment according to its new
methodology, (2) treat bad debt expenses as direct selling expenses if
the data warrant an adjustment, (3) reconsider its treatment of home
market warranty expenses, (4) consider home market inventory carrying
cost information, and (5) reconsider the imputation of expenses in
determining the amount of value added for exporter's sales price (ESP)
adjustment purposes.
[[Page 62825]]
On January 30, 1995, the Department submitted to the CIT the final
results of redetermination of the fourth administrative review.
On March 15, 1995, the CIT issued a second order remanding to the
Department the January 30, 1995, final results of redetermination. In
its opinion, the CIT ordered the Department to treat home market
warranty expenses as direct selling expenses for the purposes of the
circumstance-of-sale adjustment. As a result of our recalculations, we
have determined that the following percentage weighted-average margin
exists for the period April 1, 1986 through March 31, 1987:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
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Samsung..................................................... 0.29
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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. 95-29892 Filed 12-6-95; 8:45 am]
BILLING CODE 3510-DS-P
