[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Notices]
[Pages 40820-40821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19819]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-038]
Bicycle Speedometers From Japan; 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: We are amending the final results of the administrative review
on bicycle speedometers from Japan published on June 5, 1995 (60 FR
29552), to reflect the correction of a ministerial error made in the
margin calculations in those final results. We are publishing this
amendment to the final results in accordance with 19 CFR 353.28(c).
EFFECTIVE DATE: August 10, 1995.
FOR FURTHER INFORMATION CONTACT: Arthur N. DuBois or Thomas F. Futtner,
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-
6312/3814.
SUPPLEMENTARY INFORMATION:
Background
The review covers the shipments of Cateye, a manufacturer/exporter
of bicycle speedometers during the period November 1, 1992, through
October 31, 1993.
Applicable Statute and Regulations
The Department is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Unless
otherwise indicated, all citations to the statute and the Department's
regulations are in reference to the provisions as they existed on
December 31, 1994.
Scope of the Review
Imports covered by the review are shipments of bicycle
speedometers. This merchandise is currently classifiable under the
Harmonized Tariff Schedule (HTS) item numbers 9029.20.20, 9029.40.80,
and 9029.90.40. HTS item
[[Page 40821]]
numbers are provided for convenience and Customs purposes. Our written
description remains dispositive.
Amendment of Final Results
On June 7, 1995, Cateye Co. Ltd., alleged that the Department made
a clerical error in the calculation of foreign market value (FMV) by
failing to deduct from the FMV extra packing expenses for split cartons
for those home market sales that incurred these expenses. We agree that
the extra packing expenses should have been deducted from those sales
and have recalculated the weighted-average margin accordingly.
Final Results of Review
As a result of our review, we have determined that the following
margin exists for the period November 1, 1992 through October 31, 1993:
------------------------------------------------------------------------
Margin
Manufacturer/Exporter (percent)
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Cateye Co., Ltd............................................ 1.31
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The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. Individual
differences between U.S. price and foreign market value may vary from
the percentage stated above. The Department will issue appraisement
instructions directly to the Customs Service.
Furthermore, the following deposit requirements will be effective
upon publication of these amended final results of administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after that publication
date, as provided by section 751(a)(1) of the Act, and will remain in
effect until publication of the final results of the next
administrative review: (1) The cash deposit rate for the reviewed
company will be 1.31 percent; (2) for exporters not covered in this
review, but covered in previous reviews or the original less-than-fair-
value (LTFV) investigation, 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 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, the cash deposit rate will be 26.44 percent, which is the ``new
shipper'' rate established in the first administrative review. In
accordance with the Court of International Trade's (CIT's) decisions in
Floral Trade Council v. United States, 822 F. Supp. 766 (CIT 1993), and
Federal Mogul Corporation and the Torrington Company v. the United
States, 822 F Supp. 782 (CIT 1993), we are basing the ``all others''
rate on the ``new shipper'' rate established in the first final results
of administrative review published by the Department (47 FR 28978, July
2, 1982) because this proceeding is governed by an antidumping finding,
and we are unable to ascertain the ``all others'' rate from the
Treasury LTFV investigation.
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 has occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 353.34(d). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of the APO is a sanctionable violation.
This administrative review and notice are in accordance with
section 751(a) of the Act (19 U.S.C. 1675(a)), and 19 CFR 353.22.
Dated: July 26, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-19819 Filed 8-9-95; 8:45 am]
BILLING CODE 3510-DS-P
