[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Notices]
[Pages 24576-24577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11577]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-806]
Amended Final Results of Antidumping Duty Administrative Review:
Certain Small Business Telephone Systems and Subassemblies Thereof From
Taiwan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Amended final results of antidumping duty administrative
review.
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SUMMARY: On February 25, 1998, the United States Court of International
Trade affirmed the Department of Commerce's remand determination
results affecting the final assessment rates for Taiwan International
Standard Electronics, Ltd. and Tecom Co., Ltd. in the first
administrative review of the antidumping duty order on certain small
business telephone systems and subassemblies from Taiwan. No parties
have appealed this decision. The review covers the period August 3,
1989 through November 30, 1990. As there is now a final and conclusive
court decision in this action, we are amending our final results of
review and we will instruct the Customs Service to liquidate all
appropriate entries.
EFFECTIVE DATE: May 7, 1999.
FOR FURTHER INFORMATION CONTACT: Sanjay Mullick or Kris Campbell at
(202) 482-0588 or (202) 482-3813, respectively, Group I, Office of AD/
CVD Enforcement 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions of the Tariff Act of 1930, as amended (the
Act), in effect as of December 31, 1994. In addition, unless otherwise
indicated, all citations to Department of Commerce (Department)
regulations refer to the regulations
[[Page 24577]]
codified at 19 CFR Part 353 (April 1, 1997).
SUPPLEMENTARY INFORMATION:
Case History
On July 1, 1992, the Department published its final results in the
administrative review of the antidumping duty order on certain small
business telephone systems and subassemblies (SBTs) from Taiwan,
covering the period August 3, 1989 to November 30, 1990.\1\ The review
covered seven manufacturers/exporters of the subject merchandise,
including Taiwan International Standard Electronics, Ltd. (TAISEL) and
Tecom Co., Ltd. (Tecom). The antidumping duty rate assigned to TAISEL
as Best Information Available (BIA) was 129.73 percent and the
antidumping duty rate calculated for Tecom was 18.10 percent. TAISEL
and Tecom filed motions with the Court of International Trade (CIT)
challenging the final results.
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\1\ Certain Small Business Telephone Systems and Subassemblies
Thereof From Taiwan; Final Results of Administrative Review, 57 FR
29283 (July 1, 1992).
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On April 4, 1997, the CIT issued remands concerning this segment of
the proceeding.\2\ With respect to TAISEL, the CIT directed the
Department to (1) reconsider TAISEL's response in order to determine
whether the Department could exclude returned entries of SBTs covered
by canceled sales from assessment of antidumping duties; and (2) assign
to TAISEL a BIA rate consistent with the Federal Circuit's decision in
Allied-Signal Aerospace Co. v. United States (Allied-Signal).\3\ With
respect to Tecom, the CIT directed the Department to (1) use the data
contained on a computer tape Tecom submitted on July 29, 1991; (2)
reconsider Tecom's claim for a level-of-trade adjustment; and (3)
reconsider Tecom's claims for circumstances-of-sale adjustments for
home market warranty expenses, warehousing expenses, technical service
expenses and bad debt expenses, as well as its claim for an adjustment
to FMV for the provision of free gifts.
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\2\ Taiwan International Standard Electronics, Ltd. v. United
States, 963 F. Supp. 1202 (CIT 1997); Tecom Co., Ltd. v. United
States, Slip Op. 97-42 (CIT April 4, 1997).
\3\ 996 F.2d 1185 (Fed. Cir. 1993).
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On July 3, 1997, the Department filed its remand redetermination
with the CIT.\4\ With respect to TAISEL, the Department re-examined the
record and found that TAISEL provided supporting documentation to show
that certain entries were returned as a result of canceled sales. Also,
the Department assigned TAISEL a BIA margin based on the margin
recalculated for Tecom in the remand redetermination, consistent with
the ruling in allied-Signal. With respect to Tecom, the Department used
the data contained in the July 29, 1991 computer tape and granted Tecom
a level-of-trade adjustment. The Department continued to disallow the
circumstance-of-sale adjustments for home market warranty expenses,
warehousing expenses, technical service expenses and bad debt expenses
as well as its claim for an adjustment to FMV for the provision of free
gifts after reconsidering Tecom's claims for these adjustments, because
it found no new evidence to support Tecom's claims. The Department
determined TAISEL and Tecom's revised margins pursuant to the above
adjustments.
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\4\ Small Business Telephone Systems and Subassemblies Thereof
from Taiwan; Final Results of Redetermination Pursuant to Court
Remand, Court Nos. 92-08-00532 and 92-08-00528 (July 3, 1997).
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On February 25, 1998, the CIT affirmed the Department's final
remand results.\5\ On April 16, 1998 we published a notice of court
decision.\6\ As there is now a final and conclusive court decision in
this action, we are amending our final results of review in this matter
and we will instruct the U.S. Customs Service to liquidate entries
subject to this review in accordance with the remand results.
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\5\ Tawain International Standard Electronics Ltd. v. United
States, Slip Op. 98-18 (CIT February 25, 1998); Tecom Co., Ltd. v.
United States, Slip Op. 98-19 (CIT February 25, 1998).
\6\ Certain Small Business Telephone Systems and Subassemblies
Thereof From Taiwan; Notice of Court Decision, 63 FR 18883 (April
16, 1998).
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Amendment to Final Results of Review
Pursuant to Section 516A(e) of the Act, we are amending the final
results of administrative review of the antidumping duty order on
certain small business telephone sytems and subassemblies thereof from
Taiwan for the period August 3, 1989 through November 30, 1990. As a
result of the remand determination, we have assigned TAISEL a BIA
margin based on the margin recalculated for Tecom. The final weighted-
average margins for TAISEL and Tecom are as follows:
------------------------------------------------------------------------
Weighted
average
Manufacturer/Exporter margin
percentage
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TAISEL..................................................... 8.11
Tecom...................................................... 8.11
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The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. To determine the
amount of antidumping duties for TAISEl, we will instruct the Customs
Service to assess entry-specific antidumping duty amounts, which we
calculated based on an ad valorem rate of 8.11 percent, applied to
those sales determined to have been entered into the Untied States and
not returned to Taiwan. For Tecom, we calculated importer-specific ad
valorem duty assessment rate for the merchandise based on the ratio of
the total amount of antidumping duties calculated for the importer-
specific sales examined during the POR to the total importer-specific
entry value of sales examined during the POR. The Department will issue
appraisement instruction to the Customs Service after publication of
this amended final results of review.
This notice is published in accordance with section 751(a)(1) of
the Act.
Dated: May 3, 1999.
Robert S. LaRussa,
Assistant Secretary, for Import Administration.
[FR Doc. 99-11577 Filed 5-6-99; 8:45 am]
BILLING CODE 3510-DS-M
