[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48471-48472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23525]
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DEPARTMENT OF COMMERCE
[A-588-005]
High Power Microwave Amplifiers and Components Thereof From
Japan; Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Antidumping Duty Administrative
Review.
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SUMMARY: On May 6, 1996, the Department of Commerce (the Department)
issued the preliminary results of its 1994-95 administrative review of
the antidumping duty order on high power microwave amplifiers and
components thereof (HPMAs) from Japan (61 FR 20223; May 6, 1996). The
review covers one manufacturer/exporter. The review period is July 1,
1994, through June 30, 1995. We gave interested parties an opportunity
to comment on our preliminary results. No comments were received.
Therefore, as we did in the preliminary results, we have based our
determination on facts available because the firm failed to submit a
response to our questionnaire.
EFFECTIVE DATE: September 13, 1996.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Kris Campbell,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-4733.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 1996, the Department published in the Federal Register
the preliminary results of its 1994-1995 administrative review of the
antidumping duty order on HPMAs from Japan (61 FR 20223).
Applicable Statute and Regulations
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 (URAA).
Scope of the Review
The products covered by this review are high power microwave
amplifiers and components thereof. High power microwave amplifiers are
radio-frequency power amplifier assemblies, and components thereof,
specifically designed for uplink transmission in C, X, and Ku bands
from fixed earth stations to communications satellites and having a
power output of one kilowatt or more. High power microwave amplifiers
may be imported in subassembly form, as complete amplifiers, or as a
component of higher level assemblies (generally earth stations). This
merchandise is currently classifiable under item 8525.10.80 of the
Harmonized Tariff Schedule (HTS). The HTS item number is provided for
convenience and customs purposes. The written description remains
dispositive.
[[Page 48472]]
Final Results of the Review
We gave interested parties an opportunity to comment on our
preliminary results. We received no comments. After the expiration of
the comment period, we received a letter from NEC, dated 28, 1996,
requesting that the Department partially revoke the antidumping duty
order with respect to components (TWTs and Klystron tubes). NEC claimed
in its letter that the petitioner, MCL Inc., no longer has an interest
in the continued application of the antidumping duty order with respect
to these components. However, petitioner has not yet submitted an
expression of lack of interest. Further, petitioner has advised the
Department that if it does so, it would only support a prospective
revocation. See Memorandum from Kris Campbell to File, August 27, 1996.
Therefore, we are proceeding with the final results for this review
based on facts available.
As explained in our preliminary determination, because NEC did not
respond to our questionnaire, we assigned NEC a rate based on facts
available in accordance with section 776 (b) of the Act. Consistent
with our preliminary determination, we have assigned a margin of 41.4
percent to NEC for the period July 1, 1994, through June 30, 1995. For
further information regarding the determination of this rate, see the
preliminary results for the 1994-95 administrative review of the
antidumping duty order on HPMAs from Japan (61 FR 20223; May 6, 1996).
The Department will issue appraisement instructions directly to the
Customs Service. Furthermore, the following deposit requirements will
be effective for all shipments of HPMAs from Japan entered, or
withdrawn from warehouse, for consumption on or after the publication
date of these final results of this administrative review, as provided
by section 751(a)(1) of the Act: (1) the cash deposit rate for the
reviewed company will be that established above; (2) for manufacturers
and exporters not covered in this review, but covered in a previous
review 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 previous review, or the original LTFV
investigation, but the manufacturer is, the cash deposit rate will be
that established for the most recent period for the manufacturer of the
merchandise; and (4) the cash deposit rates for all other manufacturers
or exporters will be 33.4 percent, as explained in the preliminary
results of the administrative review of the antidumping duty order on
HPMAs from Japan (61 FR 20223; May 6, 1996).
This notice 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 antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d)(1). Timely written notification
of the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
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: September 3, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-23525 Filed 9-12-96; 8:45 am]
BILLING CODE 3510-DS-P
