[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Notices]
[Pages 36261-36262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17348]
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DEPARTMENT OF COMMERCE
[A-588-029]
Fishnetting of Man-Made Fibers From Japan; 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 one respondent, the Department
of Commerce (the Department) is conducting an administrative review of
the antidumping duty order on fishnetting of man-made fibers from
Japan. The review covers one manufacturer/exporter of the subject
merchandise to the United States for the period June 1, 1993, through
May 31, 1994.
We have preliminarily determined that sales have been made below
the foreign market value (FMV). If these preliminary results are
adopted in our final results of administrative review, we will instruct
U.S. Customs to assess antidumping duties equal to the difference
between the United States price (USP) and the FMV.
Interested parties are invited to comment on these preliminary
results. Parties who submit argument in this proceeding are requested
to submit with the argument (1) a statement of the issue and (2) a
brief summary of the argument.
EFFECTIVE DATE: July 14, 1995.
FOR FURTHER INFORMATION CONTACT: Kim Moore or Thomas Futtner, Office of
Antidumping Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, D.C. 20230, telephone: (202) 482-
0090/3814.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 1994, the Department published a notice of ``Opportunity
to Request an Administrative Review'' of the antidumping finding on
fishnetting from Japan (37 FR 11560, June 9, 1972) for the period June
1, 1993, through May 31, 1994 (59 FR 29411) . We received a timely
request for an administrative review on June 29, 1994, from Yamaji
Fishing Net Company Ltd. (Yamaji). The Department initiated the review,
covering the period June 1, 1993, through May 31, 1994, on July 15,
1994 (59 FR 36160). The Department is now conducting this review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Review
Imports covered by the review are shipments of fishnetting of man-
made fibers, not including salmon gill netting, from Japan. This
merchandise is currently classified under item numbers 5608.11.00,
5608.19.10, and 5608.90.10 of the Harmonized Tariff Schedule (HTS). The
HTS subheading is provided for convenience and for U.S. Customs
purposes. The written description remains dispositive as to the scope
of the product coverage. The period of review is June 1, 1993, through
May 31, 1994.
United States Price
In accordance with section 772(b) of the Act, the Department based
USP on purchase price, because the merchandise was sold to unrelated
U.S. purchasers prior to importation. Purchase price was based on
c.i.f. U.S. port and packed prices to unrelated purchasers in the
United States. The contract date was the date that the terms of sale,
quantity, and price were final; thus, the Department accepted the
respondent's contract date as the date of sale. We made adjustments,
where applicable, for Japanese and U.S. ocean freight, marine
insurance, shipping charges, and inland freight. No other adjustments
were claimed or allowed.
We reviewed information Yamaji submitted regarding product matches
and determined product comparisons based on this information. We first
compared products sold in the United States to identical products sold
in the home market. For several of the products sold in the United
States, we did not find a contemporaneous sale of the identical product
in the home market. To determine similar merchandise in the home
market, we grouped products according to their specifications. We then
compared U.S. sales to these groups, again using these specifications
as our matching criterion.
Foreign Market Value
In accordance with section 773(a) of the Act, the Department
calculated FMV for Yamaji based on f.o.b. and delivered prices to
unrelated purchasers in the home market. We used the invoice date as
the date of sale for these transactions. Because information from
Yamaji indicated that there were no cost differences between the U.S.
merchandise and similar home market merchandise, we did not make an
adjustment to FMV for physical differences. We adjusted FMV for the
differences in packing costs between the home market and the U.S.
market. We deducted home market packing costs from the home market
price and added U.S. packing costs to the FMV. No other adjustments
were claimed or allowed.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following margin exists for the period June 1, 1993, through May 31,
1994:
------------------------------------------------------------------------
Percent
Manufacturer/Exporter margin
------------------------------------------------------------------------
Yamaji....................................................... 2.58
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The following deposit requirements will be effective for all
shipments of fishnetting of man-made fibers 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) (1) of the Act: (1) The cash deposit rate for Yamaji will be the
rate established in the final results of this review; (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 in 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; 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 rate will be zero
percent, the all others rate established in the final results of the
first administrative review (49 FR 19339, April 30, 1984).
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
Interested parties may request disclosure within 5 days of the date
of publication of this notice, and may
[[Page 36262]]
request a hearing within 10 days of the date of publication. Any
hearing, if requested, will be held as early as is convenient for the
parties but not later than 44 days after the date of publication of
this notice or the first work day thereafter. Case briefs or other
written comments from interested parties may be submitted not later
than 30 days after the date of publication of this notice. Rebuttal
briefs and rebuttal comments, limited to issues in the case briefs, may
be filed not later than 37 days after the date of publication. The
Department will publish the final results of this administrative
review, including the results of its analysis of issues raised in any
such written comments.
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 (19 U.S.C. 1675(a) (1)) and 19 CFR
353.22.
Dated: July 6, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-17348 Filed 7-13-95; 8:45 am]
BILLING CODE 3510-DS-P
