[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Notices]
[Pages 16606-16607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8013]
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DEPARTMENT OF COMMERCE
[A-583-806]
Certain Small Business Telephone Systems and Subassemblies
Thereof from Taiwan: Final Results of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 31, 1995.
FOR FURTHER INFORMATION CONTACT:
David J. Goldberger or Lou Apple, Office of Antidumping Investigations,
Import [[Page 16607]] Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230; telephone: (202) 482-4136 or (202)
482-1769, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of our preliminary results on December 28,
1994 (59 FR 66912), the following events have occurred:
We gave interested parties an opportunity to comment on the
preliminary results. No comments were received.
The Department of Commerce (the Department) has now completed this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act). Unless otherwise indicated, all cites to
the statute and the Department's regulations refer to the provisions as
they existed on December 31, 1994.
Scope of the Review
Imports covered by this review are shipments of certain small
business telephone systems and subassemblies thereof, currently
classifiable under the following Harmonized Tariff Schedule (HTS) item
numbers: 8504.40.0004, 8504.40.0008, 8504.40.0010, 8504.40.0015,
8517.10.0020, 8517.10.0040, 8517.10.0050, 8517.10.0070, 8517.10.0080,
8517.30.2000, 8517.30.2500, 8517.30.3000, 8517.81.0010, 8517.81.0020,
8517.90.1000, 8517.90.1500, 8517.90.3000, 8517.90.4000, and
8518.30.1000. Although HTS item numbers are provided for convenience
and Customs purposes, the written description of the scope of this
proceeding is dispositive.
Certain small business telephones and subassemblies thereof are
telephone systems, whether complete or incomplete, assembled or
unassembled, with intercom or internal calling capability and total
non-blocking port capacities of between two and 256 ports, and discrete
subassemblies designed for use in such systems. A subassembly is
``designed'' for use in a small business telephone system if it
functions to its full capability only when operated as part of a small
business telephone system. These subassemblies are designed as follows:
(1) Telephone sets and consoles, consisting of proprietary, corded
telephone sets or consoles. A console has the ability to perform
certain functions including: Answer all lines in the system, monitor
the status of other phone sets, and transfer calls. The term
``telephone sets and consoles'' is defined to include any combination
of two or more of the following items, when imported or shipped in the
same container, with or without additional apparatus: Housing, had set,
cord (line or hand set), power supply, telephone set circuit cards, or
console circuit cards.
(2) Control and switching equipment, whether denominated as a key
service unit, control unit, or cabinet/switch. ``Control and switching
equipment'' is defined to include the units described in the preceding
sentence which consist of one or more circuit cards or modules
(including backplane circuit cards) and one or more of the following
items, when imported or shipped in the same container as the circuit
cards or modules, with or without additional apparatus: connectors to
accept circuit cards or modules and building wiring.
(3) Circuit cards and modules including power supplies. These may
be incorporated into control and switching equipment or telephone sets
and consoles, or they may be imported or shipped separately. A power
supply converts or divides input power of not more than 2400 watts into
output power of not more than 1800 watts supplying DC power of
approximately 5 volts, 24 volts, and 48 volts, as well as 90 volt AC
ringing capability.
The following merchandise is excluded from the scope of this order:
(1) Nonproprietary industry-standard (``tip/ring'') telephone sets and
other subassemblies that are not specifically designed for use in
covered system, even though a system may be adapted to use such
nonproprietary equipment to provide some system functions; (2)
telephone answering machines or facsimile machines integrated with
telephone sets; and (3) adjunct software used on external data
processing equipment.
Final Results of Review
The Department received no comments on its preliminary results of
review. Therefore, the final results of our review are identical to
those in the preliminary results:
------------------------------------------------------------------------
Manufacturer/exporter Margin(percent)
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Bitronic Telecoms Co., Ltd............................. 6.97
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The Department will instruct the U.S. Customs Service to assess
antidumping duties on all appropriate entries. Furthermore, the
following deposit requirements will be effective upon publication of
this notice of final results of this administrative review for all
shipments of the subject merchandise entered or withdrawn from
warehouse for consumption on or after the publication date, as provided
by section 751(a)(1) of the Act: (1) The case deposit rate for the
reviewed company will be as outlined above; (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 less-than-fair-value 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; (4)
the cash deposit rate for all other manufacturers or exporters will be
0.00 percent, the ``all other'' rate established in the original less-
than-fair-value investigation by the Department (54 FR 42543, October
17, 1989), in accordance with the decisions of the Court of
International Trade in Floral Trade Council v. United States, 822 F.
Supp. 766 (1993), and Federal-Mogul Corporation v. United States, 822
F. Supp. 782 (1993).
This notice also serves as a final 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 antitdumping duties.
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibilities
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 353.34(d). Failure to
comply is a violation of the APO.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.
Dated: March 17, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-8013 Filed 3-30-95; 8:45 am]
BILLING CODE 3510-DS-M
