[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26158-26159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13172]
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DEPARTMENT OF COMMERCE
[A-580-008]
Color Television Receivers From the Republic of Korea;
Preliminary Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of antidumping duty-
administrative review.
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SUMMARY: In response to a request from Samsung Electronics Co., Ltd.
(Samsung), respondent in this proceeding, the Department of Commerce
(the Department) is conducting an administrative review of the
antidmuping duty order on color television receivers (CTVs) from the
Republic of Korea. The review covers Samsung and the period April 1,
1994, through March 31, 1995.
We have preliminarily determined that Samsung made no-sales or
shipments of subject merchandise to the Untied States during the period
of review. Furthermore, because the Department may not revoke an order
based on a review in which there were no sales or shipments, we have
preliminarily determined to deny Samsung's request for partial
revocation.
Interested parties are invited to comment on these preliminary
results.
EFFECTIVE DATE: May 24, 1996.
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.
[[Page 26159]]
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 (the order). On April 4, 1995, the Department published (60 FR
17052) a notice of ``Opportunity to Request an Administrative Review''
of the order for the period April 1, 1994, through March 31, 1995
(twelfth review). We received a timely request for review and partial
revocation of the order from Samsung.
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. 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 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 8528.10.08, 8528.10.11, 8528.10.13,
8528.10.17, 8528.10.19, 8528.10.24, 8528.10.28, 8528.10.34, 8528.10.38,
8528.10.44, 8528.10.48, 8528.10.54, 8528.10.58, 8528.10.61, 8528.10.63,
8528.10.67, 8528.10.69, 8528.10.71, 8528.10.73, 8528.10.77, 8528.10.79,
8529.90.03, 8529.90.06, and 8540.11.10 of the Harmonized Tariff
Schedule (HTS). Since the order covers all CTVs regardless of HTS
classification, the HTS subheadings are 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, 1994, through March 31, 1995.
Request for Revocation
On April 28, 1995, Samsung submitted, along with its request for an
administrative review, a request that the rider be revoked as it
applies to Samsung. In its letter, Samsung certified that it did not
sell subject merchandise during the twelfth review at less than normal
value, and that it will not in the future sell such merchandise at less
than normal value. Additionally, Samsung attached to its letter a
certificate agreeing to the immediate reinstatement of the order if
Samsung is subsequently found to have sold CTVs at less than normal
value.
We have preliminarily determined that, because Samsung made no
sales of subject merchandise during the period of review, the criteria
necessary to revoke an order based on an absence of dumping have not
been met. Pursuant to section 353.25(a) of the Department's
regulations, we may revoke an order in part if the subject merchandise
has been sold at not less than normal value for a period of at least
three consecutive years and it is not likely that future sales of the
subject merchandise will be made at less than normal value.
Because Samsung did not sell the subject merchandise during the
period of review, we have determined that the regulatory requirements
listed in sections 353.25 (a) and (b) have not been met. Accordingly,
we have preliminarily determined to deny Samsung's request for partial
revocation.
Preliminary Results of Review
Sansung reported, and the Department verified through the U.S.
Customs Service, that it made no sales or 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 in which
it made shipments was a de minimis rate (0.47 percent).
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)(2)(c) of the
Act: (1) The cash deposit rate for Samsung will remain zero percent,
the rate established in the last review in which it made shipments; (2)
For previously reviewed or investigated companies not covered in this
review, 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 (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, the ``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.
Parties to the proceeding 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.
Interested parties may submit case briefs within 30 days of the date of
publication of this notice. Rebuttal briefs, which must be limited to
issues raised in the case briefs, may be filed not later than 37 days
after the date of publication. Parties who submit arguments are
requested to submit with the argument: (1) a statement of the issue;
and (2) a brief summary of the argument. The Department will published
the final results of this administrative review, including the results
of its analysis of issues raised in any such written arguments.
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 Act.
Dated: May 17, 1996.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-13172 Filed 5-23-96; 8:45 am]
BILLING CODE 3510-DS-M
